Previous Assignment Details

Using the contract example in the previous assignment, assume that because of the Spring storm, Toby took a job doing snow removal for the County since he couldn't start work on May 1 as required. And although construction could have begun by May 5, Toby was still hauling snow on that date, and had a couple small jobs to finish up that prevented him from starting work until May 20. Has Toby substantially performed his obligation to start work on May 1? Explain. 4. Toby agreed to build a hog confinement facility for Pork USA. The contract between Toby and Pork USA required: a. That work begin on or before May 1, 2016, weather permitting, or on the next day for which construction was practicable after that in the event of bad weather. The contract specified that time is of the essence to assure that the project was done before Fall. In fact, a freak spring snowstorm occurred on April 30, and Toby couldn't start construction until May 5. b. That Toby obtain a construction permit before any work could commence. c. That in order for Toby to obtain monthly construction payments, Toby would be required to submit inspection certificates from the county engineer's office d.That once the construction certificate is present, payments would be issued immediately. e. That Toby will reduce the contract price by the amount of money it receives from a special state construction incentive program, provided Pork USA makes application to the state on or before June 1. Pork USA fails to make the necessary application