"Betterment" is simply defined in Black's Law Dictionary as: "An improvement placed upon a property which enhances its value more than a mere replacement, maintenance, or repairs. Furthermore, this improvement may be temporary or permanent."

e.g., should an engineering design firm neglect to include air-circulation vents in the roof envelope, in its design construction drawing plans and specifications, it is the "betterment" concept that applies, and hence the engineering design firm is liable for the additional installation costs of the missing air-vents. It is my understanding that the developer/owner is responsible for the actual material costs, since he would be expected to incur these costs anyway, if the air-vents had been indicated correctly in the construction bid-set and specification package. Here, the "betterment" concept appears to be clear and states that if a deviation or defect can be corrected without additional costs to the developer/owner, that there is no actual damage to the owner. It is the engineering design firm that will be responsible for supplemental construction costs to achieve the required and intended installation results, as they should have been indicated on the construction documents.

Please comment on other conditions and/or exceptions to the "betterment" concept.