Question: Engineer E and Owner O are engaged in contract negotiations for E to design and build a building for O. The proposed contract is for

Engineer E and Owner O are engaged in contract negotiations for E to design and build a building for O. The proposed contract is for $150,000. The estimated duration of the turnkey project is 15 months. After reaching an oral agreement of the above, O tells E that they should get together over the next few weeks to hammer out the contract language details for a formal written contract. E proceeds and completes approximately 30% of the design work (at a cost of $3000) when negotiations break off over "technicalities." O orally tells E to stop work as they cannot reach an agreement. E's budget estimated a $12,000 profit for E for the project. Assume for this question that the design/build turnkey project is NOT severable. E sues O for the entire $150,000. Who wins, what, and why? ADDITIONAL FACTS: O mails a check for $3,000 to E with a letter stating that the check is "to cover your costs for the work performed under our canceled agreement for the $150,000 project." E sues O for the remaining $147,000. O countersues asking for the return of the $3,000. Who wins, what, and why? Architect A and Owner O, who is a small Christian College, sign a contract under which A agrees to prepare a preliminary design for a new campus dormitory. The contract states that if the design is to the liking of the Dean of Housing H, the Architect A shall be given a further contract to prepare the complete design for the dormitory in return for a $200,000 fee. Should H not like the preliminary design, A would be given $100 and the contract terminated. B, another architect who would like the job, tells H that A is a practicing Buddhist although B knows A is actually a Baptist. B also shows H photographs taken with a telegraphic lens from B's plane, of a private party at A's pool where a number of guests were naked. Shortly thereafter, A presents H the preliminary plans. Without opening the sealed envelope, H hands A a check for $100 stating, "I don't care what is on your plan! No hedonistic heathen will design a dorm for our school..." and related the information which he received from B. 3. What rights does A have against B? Why? What range of result (high/low) do you expect A will win? 4. What rights does A have against H? Why? What range of result (high/low) do you expect A will win? 5. What rights does A have against O? Why? What range of result (high/low) do you expect A will win

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