The dispute about the building contract is eventually resolved. As part of the resolution of the dispute, a contract is formed with a builder and the project moves forward. As the project is underway, Mr. Stimson realizes that New Mexico has a very dry climate. Therefore, he is worried that the materials the construction company is using may not be appropriate for the weather. The written agreement does not provide for any specifications about the wood to be used. Mr. Stimson approaches the builder and asks them: "Are you going to use kiln dried wood? It is very important in this climate to use this wood!". The Builder assures Mr. Stimson that, although it is more expensive, they will use kiln dried wood. When the project is finished, Mr. Stimson does an inspection and discovers that kiln dried wood was not used. Mr. Stimson sues the builder for breach of contract. You advise him (2 marks): Options He will likely succeed in his claim because there was offer, acceptance and consideration for the promise to use kiln dried wood. He is unlikely to succeed in his claim because there was never acceptance of the offer to use kiln dried wood. He will likely succeed in his claim because the written contract provided for the use of kiln dried wood. He is unlikely to succeed in his claim because there was no consideration for the promise to use kiln dried wood. He is unlikely to succeed in his claim because there was never an offer to use kiln dried wood.