A few weeks after meeting with your firm, James Clements received a text from Brad Raymore apologizing for his absence. With the construction industry booming, Brad had been working a lot of overtime, but he wanted to see if James still needed a contractor. Having failed to find another contractor, James agreed to hire Brad for the project.

This time James insisted on having a signed, written contract in place and suggested having his lawyers prepare one. Brad responded, "lawyers are too expensive." Instead, Brad emailed James his standard side-job contract through the online company DocuSign (a reputable company specializing in providing electronic contracts). James received an email from DocuSign with an electronic version of the contract. Brad signed the contract before sending it. James signed the contract electronically, and DocuSign provided both parties copies of the signed contract.

The initial contract outlined the scope of work, had a total contract cost of $13,000, and was scheduled to be completed in 6-8 weeks but also added that delays may be possible.

Brad did not show up on the start day indicated on the project, but he showed up the next day and began working. James paid Brad $3,000 on the first day. By the end of Week One, Brad had demoed the entire bathroom, and James picked out the new bathroom's fixtures and features. At the end of week one, Brad said he needed to take a few days off for another job but would be back soon. James did not hear from Brad again until the beginning of week four when Brad sent a text apologizing again for his absence and said he would be back to continue the job as soon as he could.

At the beginning of week six, Brad returned to James's house. He told James that due to the rising price of construction materials, he needed an additional $5,000 immediately to purchase materials and that the new cost of the project would be $18,000. Brad also stated he needed 12 additional weeks to complete the work. The tile and bathroom fixtures James originally selected were back ordered and would not be available for at least three months. James indicated that this was unacceptable and demanded Brad complete the project as outlined in the signed contract. Brad refused to continue working, stating that to move forward with the job, as agreed to in the contract, would be impossible. He would need additional time, money, and substitute materials to complete the job.

Frustrated, unable to use his first floor bathroom, and with no other contractors available, James reached out to Dean, Jackson, & Murphy regarding his legal options. Ultimately James wants his bathroom finished, but he feels this project is taking too long, is more expensive than he agreed to, and he is not getting the materials he selected initially. The firm's managing partner has asked you to draft an intra office memo highlighting primary legal considerations in this situation.

Draft a memo of at least 500 words to the managing partner, Diane Jackson, addressing the following:

• Summary: Briefly summarize the facts of the case.
• eContracts: Summarize the Electronic Signatures in the Global and International Commerce Act (ESIGN Act) and the Uniform Electronic Transaction Act (UETA), and explain whether the signatures provided through DocuSign would be considered valid signatures on a contract.
• Breaches: Distinguish between material breaches and minor breaches. Identify possible material and minor breaches of contract in this scenario.
• Remedies: Explain the role of monetary damages, punitive damages, recession, and specific performance in contract law. Based on your research, consider which remedies could be appropriate given the facts of the case.
• Recommendations: Evaluate solutions in our client's best interests moving forward. Consider whether litigation against the contractor helps our client reach his overall goal of completing his bathroom renovation. Are there possible alternative options that do not involve litigation but may help the client achieve his goal?
• References: Include three legal references formatted in Bluebooklegal citation.

PLEG110 - Portfolio Project Grading Rubric: Intra Office Memo
Criteria	Exceeds Expectations	Meets Expectations	Needs Improvement	Points
Content 60 points	50 - 60 points The memo thoroughly describes and the legal issues. The ESIGN Act and UETA Act are clearly applied. The memo distinguishes between material and minor breaches and provides potential examples. Monetary damages, punitive damages, recession, and specific performance are all discussed in detail and an explanation is given to which would best apply in client's case. Memo provides specific recommendations for client to reach goals.	40 - 49 points The memo generally describes the relevant legal issues. The memo cites the ESIGN and UETA. The memo general discusses material and minor breaches, and may include some examples. The memo defines monetary damages, punitive damages, recession, and specific performance and may discusses how these remedies could apply in client's case. Memo provides general recommendations for helping client reach his goal.	0 - 39 points The memo does not properly address the issues. There is no discussion eContracts. material and minor breaches are not explained. The memo does not analyze appropriate remedies. The client recommendations are missing or not appropriate under the circumstances.
Organization & Citation 30 points	20 - 30 points The memo is more than 500 words and is organized in a standard format. All components are present and follow a logical order.All sources are properly cited in Bluebook format.	11 - 19 points The memo is 500 words and organized in standard format. All components are present, but may not follow a logical order. There are three or fewer errors in Bluebook citations.	0 - 10 points The memo is less than 500 words and is not organized in standard business format. Components may be missing, or there are several that are misplaced or out of order. The arrangement of information is inconsistent or unorganized. There are four or more errors in Bluebook citation
Mechanics 10 points	9 - 10 points Little to no grammar, punctuation, or spelling errors.	7 - 8 points Three or fewer errors in grammar, punctuation, and/or spelling.	0 - 6 points There are many errors in grammar, punctuation, and/or spelling.
Instructor Comments:		Total Points:
PLEG110 - Portfolio Project Grading Rubric: Contract Draft
Criteria	Exceeds Expectations	Meets Expectations	Needs Improvement	Points
Content 60 points	50 - 60 points Contract contains all components in detail. Contract clearly incorporates and explains agreements between the parties. Form template has been revised to remove any unnecessary articles and updated throughout to reflect client's agreement.	40 - 49 points The written draft of the contract includes many but not all of the elements that are presented in the detailed instructions. The articles or sections are present but not as exact as they should be. The contract states the general intent of the parties and their responsibilities. Unnecessary articles in the form contract are not removed from final draft.	0 - 39 points The contract is written and follows some of the directions but does not address most of the required elements. The definite and certain elements of the contract are either missing, incorrect, or not well presented for clarity. The articles that state responsibilities are not well written. The form has not been updated.
Organization 30 points	20 - 30 points All contractual elements are clear and present. Contract is organized in a clean and clear fashion. Each component is laid out neatly and logically. Arrangement of information is consistent throughout the document.	11 - 19 points The contract is incomplete but still understandable to the reader. The contract states the elements but does not state the details accurately for this contract as provided in the instructions. The articles or contractual clauses are present but incomplete or not in the proper order.	0 - 10 points Did not state the elements of this contract that were presented in the project directions. There are no identifiable articles in the contract and the elements necessary for a definite and certain contract price, parties, subject matter, and all elements of time are not identifiable or completely absent from the draft.
Mechanics 10 points	9 - 10 points Little to no grammar, punctuation, or spelling errors.	7 - 8 points Three or fewer errors in grammar, punctuation, and/or spelling.	0 - 6 points There are many errors in grammar, punctuation, and/or spelling.
Instructor Comments:		Total Points:

Answer rating: 100% (QA)

Answer IntraOffice Memo To Diane Jackson Managing Partner From Your Name Date Current Date Re Legal Considerations for James Clements Bathroom Renovation Project Summary James Clements hired Brad Raym... View the full answer