Erecto Construction Co. contracted to build an office building for Owner. Withou
ID: 450476 • Letter: E
Question
Erecto Construction Co. contracted to build an office building for Owner. Without Owner's consent, Erecto delegated its duty to do the excavation work to Gopher Inc., a subcontractor. The excavation work is standard, nonpersonal work that does not require any special skill. Gopher failed to do the work properly. 1. Was Erecto legally entitled to delegate its duty to do the excavation work to Gopher without first obtaining Owner's consent? 2. Is Erecto liable to Owner because Gopher failed to properly do the work?
Explanation / Answer
1. Was Erecto legally entitled to delegate its duty to do the excavation work to Gopher without first obtaining Owner's consent
No, Erecto is not legally eligible to delegate the duty to a third person as the property belongs to the particular owner and owner havent associated to Gopher by anyways. So Gopher has no right to work on the land of owner without his consent.The delegation of task to Gopher by Erecto in thse case is purely illegal.It could be legal if owner was aware about the subcontract given to Gopher by Erecto.
2. Is Erecto liable to Owner because Gopher failed to properly do the work.?
Yes, Erecto is the one who took the contract of doing work from the owner. As the sub contract given to Gopher by Erecto was a failure, Erecto has to take the responsibility to rework and do the things properly.Its a clear breach of trust between contract as contract of building clearly mention the responsibility of builder in terms of quality of work and timely completion.
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