Question: On January 2 , Mega Construction Company, a general contractor, executed a written contract with Bob Brick, Inc., a subcontractor. The contract relates to a
On January Mega Construction Company, a general contractor, executed a written contract with Bob Brick, Inc., a subcontractor. The contract relates to a major strip mall building project in Plano, and Mega faces a deadline of October in its contract with The Jones Consortium, LLC the owners of the new mall. In the agreement between Mega and Bob Brick, the parties stipulate that time is of the essence in terms of performance of the bricklaying work and that the deadline for Bob Bricks completion of the bricklaying work is July There is also a liquidated damages clause in the contract between Mega and Bob Brick, indicating that, if the work is not completed by July Bob Brick will pay $ in damages for every day the bricklaying is not completed beyond July
Bob Brick does not complete the bricklaying work by July In fact, the project is not finished until August and Mega now claims liquidated damages from Bob Brick in the amount of $representing days beyond the July deadline, multiplied by $ per day. Bob Brick refuses to pay the $ and Mega sues.
At trial, Bob Bricks attorney seeks to introduce the following evidence: the testimony of Bob, Bob Bricks owner, who is willing to testify under oath that at the time of the signing of the contract, Megas general manager, Mary Monroe, said, Pay no attention to the July deadline in the contract; if you need more time, all you have to do is ask; and a crumpled index card, purportedly in Marys handwriting, indicating no hard and fast deadline on Bob Brick's brick work.
Should the trial court judge admit the index card and Bob's testimony? Why or why not?
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