Opinion
December 21, 1982.
It is ordered: (1) that the judgment in no. 112473 (but not the judgment in no. 113806) is vacated and that there be a new trial limited to the question of the damages sustained by the plaintiff by reason of the defendant's breaches of the written contract dated August 1, 1972; (2) that the relevant construction costs are to be limited to those which prevailed at the times of the breaches and during such reasonable periods of time thereafter as would have been necessary for the plaintiff to secure some person other than the defendant who would agree to and would remedy the defects in the work which was done and complete the work which was not done (see Hall v. Paine, 224 Mass. 62, 64, 65 [1916], cert. denied, 248 U.S. 581; Boston v. New England Sales Mfg. Corp., 386 Mass. 820, 821, 824 [1982]); and (3) that the jury are not to be permitted to speculate as to the dollar value of the use of a properly constructed pool during the periods delineated in (2) above (see Morgan-National Woodworking Co. v. Cline, 324 Mass. 15, 17, 18 [1949]; Sharton v. J.H. Westerbeke Corp., 11 Mass. App. Ct. 925, 926 [1981]).