Question
Cerebral Chris (Chris) is a hustler. All day long, Chris is wheelin' and dealin', making ends meet by any way possible. Recently, Chris decided to
Cerebral Chris (Chris) is a hustler. All day long, Chris is wheelin' and dealin', making ends meet by any way possible. Recently, Chris decided to be a flooring contractor, specifically working with epoxy flooring. Being in a niche market requiring skill, Chris gets to charge more money, thus being very lucrative. Chris teams up with Frank Flipper (Frank) and starts a business relationship with him. Frank buys several houses a year, and every house he buys he employs Chris to pour a custom epoxy floor. The first couple of times that Chris and Frank work together, they use a form contract for each epoxy floor job. As Frank becomes more experienced in flipping homes, he then starts using his own, custom contract. Then one day, there is an issue with one of the jobs, and a lawsuit ensues.
Suppose Chris put himself out there as a one stop shop for all of your construction needs. But, his license and skill only applies to epoxy flooring. One day, he does a job for a homeowner, and the resulting work ends in major structural damage to the home due to Chris not understanding structural construction.
Suppose the issue stems from the design professional making a defective design, and Chris did all his work to the technical specs laid out. What type of evidence might be used to help the homeowners recover damages?
A. | Expert testimony | |
B. | Licensing of the contractor. | |
C. | The contractor's commercial general liability insurance certificate. | |
D. | The contract provision for the duty for the design professional to inspect the premises. | |
E. | All of the above | |
F. | A&B | |
G. | A&D | |
H. | A&C |
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