Question: demand for settlement create an applicable law section for brech of contract with Union Ins. Co . v . Hottenstein , 8 3 P .

demand for settlement create an applicable law section for brech of contract with Union Ins. Co
.
v
.
Hottenstein,
8
3
P
.
3
d
1
1
9
6
,
1
2
0
1
(
Colo
.
App
.
2
0
0
3
)
Diodosio v
.
Western Distrib. Co
.
,
8
2
6
P
.
2
d
3
8
3
(
Colo
.
App.
1
9
9
1
)
Kevin paid $
2
0
,
0
0
0
to Hays Remodeling and construction on the kitchen began. First, the
countertops were installed, followed by the backsplash. Kevin loved the new countertops and
backsplash. Finally, painters arrived to cover the lime green walls. The painters reviewed the
inspiration photos submitted by Kevin and confirmed with him the shade of grey he wanted. The
painters began their work, but because they had
2
other homes to work on later in the day, they
were sloppy in applying the paint. The grey paint covered the corners of the backsplash, and seeped
into the grout between the tiles. The new countertops also had spots of grey paint throughout,
where it had dripped from the ceiling. The painters finished, and the following day Kevin saw his
new kitchen in the sunlight. He noticed that the grey paint failed to cover the green paint
underneath where he could see brush strokes. He immediately contacted Hays Remodeling and
informed them of the issues. He was told that he could use paint thinner on the granite and marble
to get the paint spots out, and he should wait another few days for the paint to dry so the green
wouldn
t show through. Kevin followed these instructions, and while the paint came out of the
granite, the paint thinner caused discoloration to the marble and would not come out of the grout
between tiles. The green continued to show through on the brush strokes on the walls, even after a
week of waiting. Kevin contacted Hays Remodeling again and told them what happened. The
manager told him to read the contract because they are not liable for discoloration of materials.
Kevin now wishes to sue Hays Remodeling for breach of contract but is willing to settle for
$
1
5
,
0
0
0
(
which is the quote he received from a different remodeling company to fix the issues
)
,
or he is willing to have Hays Remodeling fix the issues for no additional money.

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