Question: 9. A private developer, Coriander, enters into a contract with a contractor, Dill, to convert an old electrical power station into a state-of-the-art recording studio.

9. A private developer, Coriander, enters into a

9. A private developer, Coriander, enters into a contract with a contractor, Dill, to convert an old electrical power station into a state-of-the-art recording studio. Halfway through the project, Coriander told Dill that Coriander no longer wanted a recording studio-instead, it wanted loft apartments. Which of the following is true? (a) This change is a violation of the trust provisions under N.Y. Lien Law Article 3-A. (b) This change isn't cardinal enough because Coriander is merely altering the essential identity of the project. (c) If Dill were to walk off the job at this point, Coriander would likely recover any excess costs to complete the project from Dill's commercial general liability insurance carrier. (d) If Dill accepts the change, it can only charge what a low, responsible bidder would charge for the new work to be done. (e) Dill would be justified in walking off the job if a court were to determine that this was a cardinal change. 10. Fennel University hired an architect, Horseradish, R.A., to design and oversee the construction of a new library on its campus in upstate New York. One evening, two years after construction on the library was complete, a student, Jasmine, went into the library's basement to study for a final exam. She fell asleep. While she was sleeping, one of the library's foundation walls caved in, trapping her. The emergency rescue crew got her out, but her arm was broken and she suffered severe emotional distress as a result of the cave-in. Which of the following is true? (a) Jasmine can sue Horseradish, R.A. if the cave-in was the result of a latent design defect. (b) Fennel University can sue Horseradish, R.A. if the cave-in was the result of a patent design defect. (c) Jasmine has a decent case under the res ipsa loquitur doctrine. (d) If Jasmine sues Fennel University for negligence, Fennel University would not be able to seek contribution from Horseradish, R.A. because contribution is only available in cases involving economic losses. (e) Jasmine can only sue Horseradish, R.A. if she can prove that she had the functional equivalent of privity of contract with Horseradish, R.A

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