Discuss Contract performance Lisa a homeowner was looking for someone to paint a

Question

Discuss Contract performance

Lisa a homeowner was looking for someone to paint and do some general work around her home. She received several bids from different companies. One such offer was from Jack, who did business as New Horizon Construction. In the contract Jack offered to do some touching up and repainting of her home. The work would be done for the total cost of $420, provided that Lisa made a deposit of $200.00 when the contract was signed. He also offered to return to the house to remedy any defects in his workmanship at no cost. Lisa signed the contract and made the deposit.

At the end of the work Lisa was not happy with the work performed and felt it was sub-standard. However, when Jack presented the final bill it was $200 more than what was agreed to in the contract. Jack said that said that the job took longer than expected. Although Lisa did not express dissatisfaction with the work and offered Jack to pay to the agreed to price.  Jack refused to accept the amount and filed a suit to collect the full amount. Lisa filed a counterclaim, alleging that Jack failed to perform the job in a workmanlike man­ner, resulting in damages, which it would cost $500 to repair. Jack claims that although some touchup work needed to be done, the job had been performed in a workmanlike manner.

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Explanation / Answer

In the given scenario, there are two concerns that need to be addressed. (i) Amount billed more than agreed price (ii) Substandard quality of work

(i) Amount billed than agreed price: As per the contract law, a service provider can’t charge higher amount than agreed price in the contract unless there has been some instances which is not in control of the provider and that impacts entire market. Such an example would be increase in labor rates or materials. In the given case, Jack has billed higher amount just stating that work took longer than expected, he is not entitled to get any extra amount. So, on this front, the decision would go in favor of Lisa.

(ii) Substandard quality of work: Since Lisa didn’t express any dissatisfaction regarding work done unless Jack filed a suit, she won’t get any favors in this regard. She would be required to pay the agreed price of $420 in total. However, since Jack has agreed in the contract itself that any defects in his workmanship would be done free of cost by him, he would be required to perform all touch-ups/repairs required.

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