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Contracts Keyed to Templin
Hawa v. Moore
Citation:947 N.E.2d 421 (2011)
Mike Hawa (plaintiff) entered into an agreement with contractor Gerald Moore (defendant) to install a new parking lot at his storage facility. The parties agreed that the base of the parking lot would be made of recycled concrete, with an initial payment of $5,000 due immediately, the same due after after half the work was done, and the remaining balance due after seventy-five percent of the work was done. However, the plaintiff at first refused to make the second payment after not being happy with the recycled concrete that was delivered, and then later told the defendant that he would not make the payment until 80 percent of the project was complete. The plaintiff then told the defendant that the bank needed to inspect the work before advancing the funds for the next payment. Specifically he said they needed to see the power rake blender. The defendant stated he was available to meet at any time and moved the machine to the plaintiff’s property. After five days without meeting, the defendant left the job site. The plaintiff sued the defendant for breach of contract and the defendant counterclaimed demanding payment.
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