need help with a contract and negligence analysis for scenario

Chuck was a contractor and the only distributor of "X" wood in the United States. "X" wood (lumber) was a type of wood made from rare trees found only in the jungles of Brazil. "X" wood could be used for roofing or bathroom flooring. Chuck was shy and he believed he lacked business sense. So, Chuck had his son, Chuck Jr., conducted most of his business negotiations. Chuck Jr. was 17 years old. Kathy had just recently purchased a house and wanted Chuck to replace the roof and her 2 bathroom floors with "X" woods. Kathy called Chuck and the following telephone conversation took place:

Kathy: "Hi Chuck, how much do you charge to put 'X' woods on my house?

The house is about 1,800 square feet with 2 bathrooms."

Chuck: "I will charge $50,000 for a house that size."

Kathy: "Great! I'll be waiting for your contract."

Chuck: "I'll have my son, Chuck Jr. email you my contract."

The next day, Chuck Jr. emailed Kathy the contract. In the contract, it stated Chuck would "provide the 'X' woods and put them on Kathy's 1,800 square feet house for $50,000. The work is to be completed in 3 months." It also had a clause that read, "Chuck is not responsible for any damages done to Kathy's house while putting on the 'X' woods." Finally, the contract read, "Because 'X' woods are not always available, Chuck reserves the rights to delay performance until the 'X' woods are available to Chuck." Upon receiving the contract from Chuck Jr's email address., Kathy called Chuck Jr. and together they agreed over the phone that they had a contract and construction would start first thing on Monday. Before hanging up, Kathy told Chuck Jr. that she wanted to have her house warming party three months later and she was going to impress her boss in this party, so it was very important the house was completed in 3 months. Her promotion was depending on it.

On Monday, Chuck showed up with Chuck Jr. and began work on the roof. On their lunch break, Chuck Jr. decided to go inside of the house to watch television. There were two remote controllers on the T.V. stand. Chuck Jr. picked up one controller and pressed the "ON" switch. The controller was to control the sky roof. Consequently, the roof opened and some "X" woods dropped down and crashed Kathy's antique vase worth about $1,000. Two months into construction, the U.S. Environmental Protection Agency (EPA) decided to put the rare "X" tree on the endanger tree list. All shipment of "X" wood was immediately suspended. Chuck stopped work on the roof because he had run out of "X" wood. The roof was about 80% finished. Because the house was not completed, Kathy did not have her party and she did not get her promotion. Kathy refused to pay Chuck claiming Chuck had not substantially performed because 20% of the roof was still incomplete and her bathrooms were completely unfinished. Chuck claimed substantial performance on the entire job and denied knowing the bathrooms were part of the contract. Kathy then hired another contractor to finish the job using an even more rare and expensive wood from France. The new contractor had billed Kathy for $70,000.

Please type your answer.