Question
The Johnsons entered into a contract with Reliable Construction, Inc., to build a house for them for $450,000. The contract specifically states that all plumbing
The Johnsons entered into a contract with Reliable Construction, Inc., to build a house for them for $450,000. The contract specifically states that "all plumbing bowls and fixtures . . . are to be Kohler brand." After construction begins, the Johnsons leave on vacation and are out of the country for two months. During their absence, Reliable is unable to buy and install Kohler brand plumbing fixtures. Instead, Reliable installs Glacier Bay brand fixtures, an equivalent in the industry. The total cost for the fixtures was approximately $15,000. On completion of the building contract, the Johnsons inspect the work, discover the substitution, and refuse to accept the house, claiming Reliable has breached the conditions set forth in the contract's specifications.
paper thatfully discusses the Johnsons' claim. Be sure to explain the law and to analyze the facts in support of and against the Johnsons' and Reliable Construction's positions. (See Performance and Discharge in Chapter 10 of Miller.)
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