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I need to define each of these with the following scenario. Title Introduction Paragraph Definitions Covenants (hint: look at the special demands of the customer;

I need to define each of these with the following scenario.

  • Title
  • Introduction Paragraph
  • Definitions
  • Covenants (hint: look at the special demands of the customer; what contractors were asked to do)
  • Representations and warranties (hint: all licenses and permits are in place)
  • Choice of law and forum (hint: jurisdiction)
  • Modification
  • Arbitration
  • Time of the Essence
  • Integration
  • Force Majeure
  • Closing

Brady Thomas and Roger Aaron are contractors who own Old Time Restorations. They are known for building unique homes with customizations that end up on the front page of magazines. One of their homes were featured on HGTV during its building process. As a result of their popularity, new customers called daily for home construction and renovations. With each new customer, contracts were required. One day a new client came in to inquire about the building of a state of the art castle. It was an unusual request, but Roger felt they could meet the customer's goals. Their business is based in Pocomoke City, Maryland, which is about 20 minutes from the client's prospective home.

The customer's name is Elsa Winters. She lives in Loveville, Maryland. But, she wants Brady and Roger to build her a castle in Arendelle, Maryland. The jurisdiction is Maryland. The project must be completed in 9 months. The complete price for the project is $2.5 million. The contract date is March 20, 2024, and completion must be made by December 20, 2024. For each day that the project is not completed, $5,000.00 is reduced from the contract. It doesn't matter if weather, delivery or technology prevents completion. However, an act of God would not cause this clause to kick in. Time is of the essence because Elsa's sister, Anna, is marrying her beloved Kristoff and the new castle will be the venue. Any customizations or changes to Elsa's wishes must be put in writing. If there is any dispute, the parties have agreed to use binding arbitration, but make sure you explain what arbitration is.

She wants the castle to resemble ice. Obviously, ice would melt in Maryland summers, but she has a vision of floor to ceiling windows that shimmer in the sun. She wants the castle built in the mountains, overlooking the Chesapeake Bay. Assume that all permits, engineering studies, and licenses have been approved. The plans for the castle are complete. She wants the house to be a deep blue on the outside, filled with ship lap, lots of windows, and solar lights. She wants pure white and ice blue to be the interior colors. She wants radiant heat floor heating, water sourced from the bay, an indoor pool, and an indoor herb garden. She also wants a room that is sound proof with marble flooring so she can work on her ice making skills without bothering other people in the castle. Of particular importance, she wants a large white cross in the center of her ballroom. She says it needs to look like the Bladensburg Peace Cross because she had family members who served in World War I. It is important that her parents' names are engraved on the cross. Brady is confident that they can make this cross happen. His strong faith in God and his love for the Peace Cross made him really want to make the cross in Elsa's house a special tribute for her family. Roger does not care about the cross; he just thinks the extra money from it will be nice so he let Brady handle it.

As the project gets underway in planning and execution, Brady suffers a traumatic event that prevents him from seeing well or walking up the steps. However, Roger does not seem to care. He makes Brady continue working, choosing paint colors and climbing the scaffolding to take measurements. Roger says he does not have to make any kind of concessions for Brady because of the nature of their work. Brady is not sure what to do. He needs to work but he physically cannot do what needs to be done while he recovers. Meanwhile, Elsa visits the site and sees that the colors are not right. Instead of the bright blue she wanted, the color in the castle is seafoam green. And the white? It is not pure white; it is ivory so it is more yellow than white. Elsa was very clear on her color choices so she insists that the colors be redone. Roger agrees and gets angry that Brady picked the wrong color swatches. He calls Brady a "lazy old man" and insults his faith in God, saying that if Brady had not spend so much time on that "stupid religious thing," Brady would not have messed up the colors. Roger continues to berate Brady and refuses to let Brady have Sunday off to attend church, saying he has time to make up for due to his mess with the paint that has to be redone. Brady is ready to pursue legal action.

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