A building contract containing a termination clause that provides for adjustment of the parties' rights on termination for contractor default (including payment to the builder of the difference between the contract sum and the reasonable cost of completion) discloses an intention that the contract is not entire, even if the contract also provides for progress payments that are merely payments on account. Such a clause covers the field regarding adjustment of rights on termination, excluding common law rights to relief for repudiatory conduct. The provision for progress payments alone does not prevent a building contract from being entire, as progress payments are provisional and subject to adjustment.
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