A general contractor (G.C.) and a subcontractor (Sub) enter into a contract via text. The G.C. receives a text from the Sub with a proposal attached in a PDF that the contractor is able to download and view on G.C.s computer or open on the cell phone. The proposal indicates that Sub will do all hardscapes and irrigation on the property. In the subtext there is a note that there is no cementitious material included in an obscure section of the proposal that is hard to see whether on a computer or cell phone. The hardscape on the plans, that the G.C. told the Sub about and described in detail orally to the Sub, showed that the flagstone was to be bonded to a concrete sidewalk with mortar.

The G.C. after reviewing the PDF from Sub on his phone sent back a thumbs up . In the past G.C. accepted bids from Sub in this fashion on two previous projects. When G.C. did not accept bids from Sub he sent . But, in this case, G.C. sent the thumbs up to indicate he had received the proposal and not to accept it.

Work commenced on the project and Sub began excavating and compacting in the base material for the concrete sidewalk.

A dispute now exists between G.C. and Sub as the project proceeds:

1. Is Sub responsible to construct the sidewalk before the flagstone is adhered to it.
2. Did G.C. accept the proposal and its exclusions from Sub.
3. G.C. asserts that Sub knew about all plans and specifications and is held to construct it per the scope of the proposal.

Please objectively discuss these points and the different legal analysis that answer the questions fully. Please offer what facts would be needed to make a determination both for and against each party.