Question
Mark Ford, a contractor, entered into an agreement with Jim Wathen to construct a fireplace on Wathen's home in July. The price for the fireplace
Mark Ford, a contractor, entered into an agreement with Jim Wathen to construct a fireplace on Wathen's home in July. The price for the fireplace was $5,000 and construction was to be finished by October 1st. Ford quickly began work but found that the house walls had been constructed more solidly than expected. This was unusual for homes in the neighborhood. Ford notified Wathen immediately when he found the problem with the walls. He indicated to Wathen that it would cost an extra $1,500 in additional labor and materials. Wathen needed the fireplace by winter so he agreed to the increase, although reluctantly. Ford completed the work on September 29th. Wathen must pay Ford:
Question 20 options:
a)
Only $5,000, since the Statute of Frauds would apply.
b)
Only $5,000, since Ford had a pre-existing duty to build the fireplace.
c)
The full $6,500, if under the circumstances their modification was fair and equitable.
d)
The full $6,500 if the additional work was reasonably worth the original $5,000 price.
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