Mardy, a general contractor, is building a house. He contracts with Plumbco to do all plumbing work for $120,000. Before Plumbco begins the work, it notifies Mardy in writing that Leo will be doing the work instead. Mardy does not respond. When Leo fails to perform, Mardy sues Plumbco. Plumbco is
a) Liable.
(b) Liable only if Plumbco agreed to remain responsible for the job.
(c) Not liable because Mardy failed to repudiate the delegation.
(d) Not liable because Plumbco validly delegated its duties.
(e) Not liable because the parties entered into a novation.
(a) Liable. When Plumbco announced that Leo would do the work, Mardy did not respond. Mardy certainly did not agree to look exclusively to Leo for performance. There has not been a novation, and Plumbco remains liable on the contract.
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