Several arguments in defense of Carl Construction against Mr. House's nonpayment and future claims. 17 Fla. Jur 2d Damages § 22 states: "For the breach of a construction contract, the contracting party may recover..... (2) the difference between the value that the product contracted for would have had and the value of the performance that has been received by the plaintiff, if construction and completion in accordance with the contract will involve unreasonable economic waste."  The requirement that the glass be 2 and 1/4 inches thick is not stated in the contract. The only requirement in the contract is that the glass be "a special kind of glass" and "durable." If Carl Construction utilized another type of glass that is similarly resilient, they might not have broken the agreement. Mr. House gave up the right to object to the thickness of the glass. Mr. House may have given up his right to later complain if he was aware or should have been aware that Carl Construction utilized the incorrect type of glass but said nothing. The thickness difference is not significant. Even if the contract did state that the glass had to be two and a quarter inches thick, Mr. House might not be able to receive compensation if the thickness discrepancy is not significant. For instance, if the alternative type of glass is as robust, the thickness difference might not be sufficiently noticeable to justify any damages. Additionally, Carl Construction will assert that Mr. House's failure to make payments is a breach of contract. Mr. House is in violation of the agreement if he declines to pay for the complete renovation. Mr. House would subsequently be sued by Carl Construction for the remaining amount of the contract's price.

Draft arguments that will weaken your opponents' positions.

assume you represent Henry House. Your task is to provide the cause(s) of action under which Mr. House can sue and the bases for such claim(s)

Answer rating: 100% (QA)

As counsel representing Henry House here are arguments to weaken Carl Constructions defense and establish causes of action for Mr Houses lawsuit 1 Bre... View the full answer