P&L HW 1 - present, which contractually binds the Defendant...

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08/28/07 NEW RIVER Contracting vs. OLD DOMINION Equipment Company This case between New River Contracting and Old Dominion Equipment Company is basically about New River (the Plaintiff) wanting compensation from Old Dominion (the Defendant) because the Plaintiff had to use a subcontractor to complete a job that the Defendant agreed to do. I believe that the Plaintiff has the right to bring legal action into the picture since the Defendant made an offer that was accepted by Plaintiff. The Defendant became obligated to complete this job as originally quoted after the Plaintiff accepted the offer. By refusing to sign the physical contract the Defendant breached the contract. The Defendant had entered into an implied contract when agreeing to complete the said job at the original price and the Plaintiff accepting the offer. At this point all requisite elements of a contract were
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Unformatted text preview: present, which contractually binds the Defendant to the project. However, since the Plaintiff went ahead and used a subcontractor to finish the job the owner is not obligated to compensate the subcontractor, the Plaintiff is. The Plaintiff should have taken legal actions against the Defendant making the Defendant complete the job as originally agreed upon. Therefore, the Plaintiff will probably not get paid the difference due to the special contract between them and the subcontractor. I realize that the Plaintiff probably had a tight schedule to complete the renovations, but they may have also been awarded compensation in court from the Defendant due to the delay of progress that the Defendant caused. This case was relevant to the class readings because we are covering aspects of the law and different types of contracts and what makes a contract void....
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This note was uploaded on 04/17/2008 for the course CEE 4804 taught by Professor Adsonger during the Fall '07 term at Virginia Tech.

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P&L HW 1 - present, which contractually binds the Defendant...

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