CECM $671$

Case Study #$1$: Howard P$.$ Foley Co$.$ v$.$ J$.$L$.$ Williams & Co$.,$ Inc., $622$ F$\mathrm{.}2$d $402(1980)$

Answer the following questions based upon your review of the case.

$1.(10$ pts$)$: What referenced item in the subcontract was not attached to the contract documents?

$2.(10$ pts$)$: What did the parties do to recognize or rectify the issue in question #$1?$

$3.(5$ pts each$)$:

A$.$ Did the contract documents have a liquated damages clause? If so$,$ how much was it$?$

B$.$ Did the contract documents have an incentive payment clause? If so$,$ how much was it$?$

$4.(10$ pts$)$: Did the court award the subcontractor delay damages under any specific written provision of the contract documents? Why or why not?

$5.(10$ pts$)$: What was the subcontractor$$s alternative $($or second$)$ theory for seeking damages?