Joseph contracts to build thirteen homes in a development. The contract states that time is of the essence. He is about to put the finishing touches on the last home when the time for performance expires. The developer claims that he owed Joseph nothing, because he failed to complete the contract on time. Is the developer correct?
A) Yes, because performance is an all-or-nothing proposition.
B) Yes, because Joseph did breach the terms of the agreement with respect to time of performance.
C) No, because Joseph substantially performed the contract.
D) No, because "time of the essence" provisions are not enforceable.
C
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