ABSTRACT

Chapter 2 is the first of two chapters demonstrating the relationship between construction industry cases and several fundamental doctrines and principles of contract law. The chapter examines the five doctrines and principles of contract law that industry cases influenced most directly: substantial performance; economic waste; unilateral mistake; offers made enforceable as option contracts based on reliance; and changed circumstances as a factor in the demise of the pre-existing duty rule. The exposition shows how considerations of the construction industry context encouraged courts to develop or refine these fundamental doctrines and principles of contemporary contract law.