Able Builders, Inc, contracts with Beach Assets Company to build a Cool Juice stand near Divers' Beach. The work is to begin on April 1 and be done by June 1, so that the stand can open for the summer. Able Builders does not finish until June 14. The

stand opens but Beach Assets loses two weeks' early summer sales due to the delay. Is Beach Assets's duty to pay for the construction of the stand discharged?


No. Able Builders substantially per¬formed its du¬ties under the con¬tract with Beach Assets. Assuming the performance and the delay was in good faith, Able Builders could successfully sue Beach Assets for the value of the work performed if Beach Assets attempts to avoid pay¬ing under their contract. For the sake of fairness, Beach Assets will be held to the contractual duty to pay, but may be able to deduct reason¬able damages for the missed contract dead¬line.

Business

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