Kushner Development contracts with Acme to have a new office building built in N

Question

Kushner Development contracts with Acme to have a new office building built in New York City. The cost is $100 million dollars. In order to be energy efficient, it is contracted to be built with 3 ply windows. After the building is finished, Kushner Development discovers that Acme used 2 ply windows which are not nearly as energy efficient. Is this a breach of contract? If the cost to replace the windows is $5 million dollars, can Kushner Development consider the contract breached and refuse to pay the $100 million? If not what are his options? In question #19, Kushner Development intends to be the landlord and lease out the offices. The difference in windows will cost an average of $1.5 million dollars more in heating and cooling costs over the 3 ply windows. Kushner wants to sue for this extra cost to him that is directly related to the breach and should have been known by Acme. Can he do this? What would these types of damages be called? What does he have to prove to collect for these damages?

Explanation / Answer

kushner developers can give a chance to acme to place the window as per their Deision ,after satisfaction of contract kushner developers will pay that amount.

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