" If Structo sues Homey for the $40,000 final payment after Bilevel's refusal to issue a final certificate, which of the following will the court probably decide?
Structo wins, because nonoccurrence of the condition requiring Bilevel's certificate of final approval was excused by Bilevel's bad-faith refusal to issue the certificate. 
Structo wins, but, because all contractual conditions have not occurred, her recovery is limited to restitution of the benefit conferred on Homey, minus progress payments already received. 
Homey wins, provided he can prove by clear and convincing evidence that the fair market value of the completed house is $160,000 or less. 
Homey wins, provided he can prove by clear and convincing evidence that total payments to Structo of $160,000 will yield a fair net profit. 