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Homework answers / question archive / The Adams family hired Money Pit Construction Company to renovate a carriage house on their property
The Adams family hired Money Pit Construction Company to renovate a carriage house on their property. The contract price was $89,500. After the Adams family took possession of the house a dispute arose over the quality of the workmanship. Because of the dispute, the Adams, on the advice of their attorneys, Moe, Larry & Curley, withheld the balance of the $44,000. due under the contract and they brought suit for a declaratory judgment. In their lawsuit, the Adams sought a discharge from their remaining obligations under the contract, alleging that Money Pit failed to perform their obligations under the contract The jury found that when the Adams took possession of the house the doors lacked handles, the light switches were missing and the fireplace mantel was defective. Did Money Pit's defective performance discharge the Adams from their remaining obligations under the contract? Explain. What does the law require? What must the jury decide?
Answer:
The Money Pit's defective performance does not discharge the Adams from their remaining obligations under the contract because the Money Pit has to complete the contract and on the completion of the work the Adams has to pay the full amount of the contract which is $89500.
At the time of taking possession of the house, the Adams has to determine the defects and short-coming of the contract and ask the contractor Money Pit to complete the work. After completion of the work, the Adams must fulfil their contract obligation and pay the remaining amount of $44000.
According to the law, at the time of acceptance of the house, the Adams has to check the completion of the contract work and fulfil the contract obligation.
Therefore, the Jury must decide that Money Pit must complete the work and Adam to pay the remaining contract amount of $44000 and fulfil their obligation.