Chen
BUS175
1-12-2011
Chapter Yi 19
1. Yes.
McMullen has compliance with Richardson that the building would be expensive than
before. In addition, McMullen has substantially performed the contract to construct the
building. McMullen has the right to discharge from the contract to build the apartment
house.
2. Badcock would claim that Badcock was entitled to the money it claimed under the
contract.
Mitchell had accepted the calculations and signed the transfer document, we can
conclude that claims were precluded by accord and satisfaction between the parties
occurring when Mitchell accepted, without protest, the monthly checks commission and
the itemized monthly settlement statements showing the deductions from the commission
in full satisfaction of the commission due.
4. No, it is wrong.
The contract was made by Metalcrafters and Lamar. Samet was the head of the
research. Then he was dead. But the design may be as well performed by others.
Metalcrafters claim was not object.
12. No, the contractor was wrong.
Most courts interpret pay-when-paid clauses to require the general contractor to pay
the subcontractor within a "reasonable time" after the work is completed, even if the
owner has not paid the general contractor.