Read the following excerpt from a US court opinion:
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to sue on the contract rather than being relegated to a cause of action for quantum meruit. Vance, 677 S.W.2d at 482. The doctrine of substantial performance recognizes that the contractor has not completed construction, and therefore is in breach of the contract. Id. Under the doctrine, however, the owner cannot use the contractor’s failure to complete the work as an excuse for non-payment. Atkinson, 270 S.W. at 850. “By reason of this rule a contractor who has in good faith substantially performed a building contract is permitted to sue under the contract, substantial performance being regarded as full performance, so far as a condition precedent to a right to recover thereunder is concerned.” Id. (citing Linch v. Pans Lumber & Grain Elevator Co., 80 Tex. 23, 15 S.W. 208 (1891) ). Substantial performance is regarded as a
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What is the most suitable continuation to the opinion? Your options are:
A. holding that with respect to a businesss routine practice the plaintiff must show regularity over substantially all occasions or with substantially all other parties with whom the defendant has had similar business transactions
B. holding that a contractor who had substantially complied with the building specifications substantially performed
C. holding that an insured has substantially complied with the change of beneficiary provisions of a life insurance policy when he has done all that he could to comply with the provisions
D. holding that the government could not charge contractor excess cost of relet contract where the governments specifications were impossible to meet government changed the specifications but did not change the price to be paid original contractor refused to perform and new contractor was paid more to meet new specifications
E. holding that insured substantially complied with the manner of changing the beneficiary as required by the policy
Reply with [A, B, C, D, E] only.