Andi is starting a Wedding Venue business. She currently has a hill top property that is semi-rural and has a view of the valley below. She contracts intends to have built build a custom gazebo in a specified location in order use as center point for Wedding Ceremonies. She reaches out to Baily who has presents a contractor's license and a bid for a custom build Gazebo with a secured concrete foundation.  

Among the specifications required for the Gazebo is the:

• General Location "overlooking the valley" on the estate property and approximate size of the Gazebo
• The contractor would have to be responsible for aspects of the build, from permit, to ground prep, to build, to sign off.
• The Gazebo must meet certain architectural standards, including the ability to hold weight, be resistant to all weather conditions, have a solid roof and an ability to secure electrical utilities, small appliances (i.e. lights, fans) and also typical decorations associated with Weddings.
• Various Aesthetic Requirements including no visible footings or other foundational attachments.

Andi Accepts the $15,000 bid by signing the written bid and returning it to Bailey with a down payment of $5,000. Work begins on time approximately 2 weeks later, while Andi is out of town. By the time Andi returns, she finds the Gazebo on the property, however not everything seems right initially:

1. The size of the Gazebo is larger that what was initially contemplated. The approximate size was supposed to be 12 feet across but in the final build was closer to 15 feet across.
2. Additionally the Gazebo appears to have been built on a raised wooden platform. Bailey explains that the platform serves as a foundation and hides the need for any visible foundational attachments.
3. The result of the above items also appears to have resulted in the Gazebo being built closer in to the main buildings and taking more space from the "Wedding View Area" on the lawn. Bailey explains that it was not possible to build in the original contemplated locations because the slope of the site would make building such a large structure impractical for the price quoted.

Andi stops any further work while she considers next steps (the Gazebo has not had any electricity secure for it yet). Another payment is due for $5,000 once the Gazebo is built but Andi does not pay this. The parties do not talk. Approximately 2 weeks later, a sever windstorm hits the foothills where the Estate Property is located. The Gazebo lifts off from the Wood Deck and tumbles down the hill where it lands and damages a neighbors Car owned by Carlyle.

Carlyle and Andi discuss the problem and Carlyle does some investigation (and shares the findings with Andi):

• Bailey's license is suspended due to a pending claim against his contractor's Bond. When looking at the dates, it appears that Bailey was not suspended at the time of the bid, but was suspended before starting the work. It is suspected that Bailey knew a claim was pending against him ultimately related to the suspension of his Contractor's license.
• Bailey used a Gazebo Kit he purchased from an online wholesaler who happens to be located in state. It appears that the Gazebo broke free from the Wood Platform at the point of Foundational Fittings. It is "recommended" in the instructions for the Gazebo that this fittings be used with a concrete foundation, however they were simply attached to Concrete Peer Posts that were hidden under the Wood Platform after being "modified".
• California Business and Professions Code generally requires that any Contract for improvement to real property for more than $500 requires a valid Contractor's license and must be made in writing. A down payment may not exceed 10% of the contract price if collected before work starts for home improvements.

1. Identify all the contractual relationships you can find in the fact pattern, including any that might be the source of potential liability and those that may have already run their course. Identify shall mean and include identifying the parties and the subject matter of each contract, how it appears to have been made and the nature or classification of the contract .
2. Identify all "legal" relationships that may not be contractual in nature that may make a separate set of duties OR add a level of duty beyond a simple contractual duty (i.e. HINT: some parties who have contractual relationships may have other concurrent relationships beyond the contract that need be identified). Identify shall mean and include identify the Party and the non-contractual relationship or duty (generally stated) owed to another Party and how the relationship was created or came to be.
3. Identify at least 10 questions you have about the Facts or Fact Pattern (including missing facts) that you would like to have answered and then provide a brief statement of where you would look for the answer. You should also provide any important "working assumption" that you will make for your analysis and how you came to that assumption. Provide additional assumptions in this section if you feel it will be important to any part of your analysis.

Answer rating: 100% (QA)

1 Contractual relationships Andi and Bailey Contract for the construction of a gazebo with specific requirements and specifications The contract was m... View the full answer