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Thomas thought this question was really difficult but analyzed it properly:  the builder performed substantive work and the law is going to require that the landowner compensate him in some way, but at the end of the day, the question will turn on exactly how that will happen -- is it required to be in a separate suit or can it be raised in the same suit as an affirmative defense?

Ultimately, the right answer is (D) - the same suit for the lengthy reasons you'll hear on the next episode.  Thomas is now 76-for-138 (55.1%).

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