Question

Jamie is building a house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000. When Earnie starts digging, he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000. If Earnie sues, the most likely result would be

Answer 1

Answer: Earnie wins, as the modification was due to unforeseen difficulties

Step-by-step explanation:

Based on the information given in the question, since Earnie wasn't aware of the fact that the soil was rocky and later got to know after the work has commenced, if Earnie sues, Earnie will win because the modification that is made is due to unforeseen difficulties.

It should be noted that there should be a consideration for an unforeseen difficulty which comes into place after a contract has been made. Unforseen difficulties are a catalyst for further promise.