Analyze the Situation 6.3

Sandy Aznovario leased a corner space in a shopping center tooperate Olde Style Buffet, an all-you-can-eat buffet geared towardsenior citizens and families. The buffet was especially popular onweekends, and its best business was done on Sundays before andafter people in the community normally attended church.Kathy Miley was the landlord for the shopping center. She andMr. Aznovario signed a net net lease, clearly stating that maintenance and repair of the HVAC system would be the responsibility ofthe shopping center's commercial real estate company.On Easter Sunday, the buffet's busiest day of the year, thehead cook reported to Mr. Aznovario that the overhead exhaust system in the kitchen was not working, and the kitchen was becoming unbearably hot, smoky, and humid. Mr. Aznovario called thelandlord's leasing office and heard a recorded message statingthe office was closed because of the Easter holiday. He then contacted Beatty's 24-hour Emergency HVAC Repair Service, whichsent a representative, who examined the HVAC system and thenreplaced a broken fan belt on the rooftop exhaust fan.Mr. Aznovario submitted the bill from Beatty's, including atriple-time labor charge for holiday service, to Ms. Miley's companyfor payment. She refused to pay the bill, stating that Beatty's wasnot the authorized HVAC service company that she used nor didthe lease specifically state that HVAC service would be providedon holidays.

1. Who is responsible for this bill?

2. What could have been done beforehand to keep this conflictfrom occurring?

Stephen C. Barth; Diana S. Barber. Hospitality Law: Managing Legal Issues in the Hospitality Industry, 5th Edition (p. 107). Wiley. Kindle Edition.