Tom, a client who is a commercial builder, entered into a contract with Roger to undertake construction of an office building. Two months ago, Tom paid Roger $15,000 under a clause in their contract which required Tom to pay this sum if Tom's work breached the National Construction Code. Tom has just been informed that the clause of the Code he allegedly breached is invalid because of an inconsistency with environmental protection legislation. Can Tom recover his $15,000?

Give reasons for your answer.