Question
Doug, a developer, and Bill, a builder, entered into a contract.Under the contract, Bill was to build a building for Doug for $100,000 and was
Doug, a developer, and Bill, a builder, entered into a contract.Under the contract, Bill was to build a building for Doug for $100,000 and was to receive a $10,000 "on-time bonus" if he were to complete construction by a specified date.
Bill, in turn, entered into a contract with Ellen, and electrical contractor.Under this contract, Ellen was to do the electrical work for the building for $15,000.At the time she entered into the contract, Ellen was not aware of Bill's on-time bonus, but learned about it before she was to begin the job.
In the midst of the job, after receiving $3,000 in progress payments, Ellen decided she could not profitably doe the electrical work for $15,000 and quit.Bill looked diligently for an electrical contractor to complete the work at the lowest cost.The only electrical contractor Bill could locate was Roger.Roger demanded $20,000 to complete the work.Bill agreed and paid Roger $20,000 upon completion.
In spite of Bill's best efforts, and solely because Ellen had quit the job, Bill completed construction late and, as a result, did not receive the on-time bonus.
1.What claims, if any, can Doug assert against Ellen for the late completion of the construction? What defenses, if any, can Ellen raise? Discuss.
2.What claims, if any, can Bill assert against Ellen for the late completion of the construction and Bill's failure to receive the on-time bonus? What defenses, if any, can Ellen raise? Discuss.
DO NOT DISCUSS DAMAGES
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started