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Contracts Keyed to Blum
Audio Visual Artistry v. Tanzer
Citation:
403 S.W.3d 789 (2012)Facts
Mr. Tanzer (Appellant) and AVA (Appellee) entered into a contract for the sale and installation of electronic and entertainment equipment in Tanzer’s home to create a “smart home.” The contract contemplated that Tanzer’s needs and desires for his “smart home” would likely evolve throughout the project. Hence, the contract expressly provided that “[v]erbal agreements throughout the life of the project may also be honored as part of this contract and will be documented by AVA.” Throughout the project, AVA performed additional work. For example, there was a significant change in the music system installed by AVA, changes to touch panels, and more.
Eventually, Tanzer became unsatisfied with AVA’s work, as he was having trouble with the system fifteen months after its installation, and AVA was unsuccessful in fixing the problems. As a result, Tanzer fired AVA and requested a final billing, which reflected an outstanding balance of $43,824.55. Tanzer disputed the balance, and AVA filed suit for breach of contract.
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