Bainbridge hired the architectural firm of Seymour, Shaefer , and Lashutke to draw up plans for the

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Bainbridge hired the architectural firm of Seymour, Shaefer , and Lashutke to draw up plans for the alteration of Bainbridge’s o f fice building in Albuquerque, New Mexico. The plans called for the removal of the paneling in parts of the building and its replacement with Maxwell-Plus, a new, more durable material. Maxwell-Plus was specifically recommended by the architects as the best product on the market. From the beginning, the contractor had difficulty with the installation of Maxwell-Plus. In addition, two months after the work was completed, the new paneling began to deteriorate ra p idly. Investigation indicated that Seymour, Shaefer , and Lashutke had failed to consider the dry, arid climate of Albuquerque, for which Maxwell-Plus was totally unsuitable. Bainbridge had to have the paneling replaced at a cost of $122,532. Subsequently, he sued the architects.

Seymour, Shaefer , and Lashutke argued that they were not liable to Bainbridge because the total value of the building had not been altered by their alleged error. Were the architects correct? Explain.

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Business Law With UCC Applications

ISBN: 9780073524955

13th Edition

Authors: Gordon Brown, Paul Sukys

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