Question

Sam Gerard entered into a contract for Rim Country Landscaping to install landscaping, sprinklers, and lighting on his cabin lot. The $10,000 contract called for 3 spruce pine trees, 6 quaking aspen trees, and 18 shrubs of varying types and colors. When Rim Country finished the landscaping, there were 3 evergreen pine trees, 6 red plum trees, and 12 shrubs. The sprinklers did not turn on because Rim Country lost the solar timing mechanisms. The lighting was defective and rotated on and off all day and all night. Sam refused to pay Rim Country until the correct trees were put in and the lighting and sprinkler systems worked. Which of the following statements is correct?1. Sam need not pay because Rim Country did not complete the work as required, and the systems were not working.2. Sam will have to pay because the contract was substantially performed.3. Rim Country is entitled to compensation for the work done even though it was incorrect and not working.4. Rim Country is entitled to payment under the doctrine of substantial performance.

Answer 1

1) Sam need not pay because Rim Country did not complete the work as required, and the systems were not working.

Step-by-step explanation:

Rim Country materially breached the contract because they failed to perform properly:

• the sprinkler system doesn't work
• the lighting system is defective, turns on and off by itself
• the trees and shrubs do not conform with the specified terms

Rim Country didn't substantially perform any single item that Sam requested them, therefore they must correct there errors before getting paid.