Twomey23e Chapter 19 EO chool District contracted with Textor Construction, inc., to build certaitn hool facilities, including the grading of a future softball field. Under the co ntract. t of the project work was to be completed by August 1. Various delays occurred at the outse le to the school district, and the architect's representative on the job, Mr. Ha extor's vice president, william Textor, not to be concerned about a clause in the co 250 per day liquidated damages for failure to complete the job by August 1. Textor sue school district for breach of contract regarding payment for the grading of the softball fiet the District counterclaimed for liquidated damages for 84 days at $250 per day for failure complete the project by the August 1 date. What legal basis exists for Textor to defend a the counterclaim for failure to complete the job on time? Was it ethical for the school d ring this counterclaim based on the facts before you? [Textor Construction, Inc. v. Fors of $ ool District, 60 s. w.3d 692 (Mo. App.)]