AutoSave H Fall 2020 Extra Credit Assignment 1 - Protected View - Saved to this PC- Search Kyle Zappulla KZ File Home Insert Design Layout References Mailings Review View Help Share Comments X PROTECTED VIEW Be carefulfiles from the Internet can contain viruses. Unless you need to edit, it's safer to stay in Protected View. Enable Editing CCSU contracts with Tony the Builder to construct a new Legal Education complex. The contract is a standard construction contract with an estimated time of completion of 2 years from start date. There is a provision that the estimated completion date may be extended if the following occurs: delay due to Governmental permitting, certification and or any other act asserted under the color of governmental authority. Furthermore, there is a liquated damages provision that states for each month construction is not complete beyond the estimated completion date then $10,000 will be deducted from the total price. Full payment due at the completion of the build. Tony is a fairly new contractor. Trying to make a name for himself, Tony accepts the terms of the contract and fails to appreciate the acts of God provision that does not excuse Tony from any performance. Tony is smart enough to take out insurance. Tony hires 100 men and women and begins construction. The build is progressing at record speed, considering Tony has yet to encounter any governmental interference. In fact, all necessary inspections were completed, likewise, in record time. Nearly four months before completion date, Tropical Storm "Karma - You thought you were going to finish on-time" rips through New Britain nearly destroying the soon to be completed Legal Education complex. Tony informs CCSU that it is impossible for the contract to be completed under the circumstances. CCSU replies that the contract has a liquated damages provision and CCSU expects Tony to honor it. Select the most appropriate answer: A. Tony can raise the defense of impossibility and ask a court to excuse him from the contract. B. Tony can seek an equitable contract modification raising the defense of impossibility and ask a court to excuse him from the estimated time of completion and liquated damage provisions under the circumstances - an Act of God. C. Tony can raise the defense of impracticability as the rebuild will cost additional labor costs. D. Tony has no legal remedies; therefore he must begin to rebuild and hope that governmental delays offset the liquated damages provision. E. Argument: Page 3 of 12 3869 words D Focus 100% Type here to search 5:46 PM 10/14/2020 9c 22