Question:

Discharge of contract?

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Eagle Construction contracts with Fred to build a store. The work is to begin on May 1 and be done by November 1, so that Fred can open for the holiday buying season. Eagle does not finish until November 15. Fred opens but, due to the delay, loses some sales. Is Fred’s duty to pay for the construction of the store discharged?

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  1. Any halfway decent contract will have this probelm covered within it (ie what is fred's recourse if Eagle is late).  If it is not covered in the contract I'm sure he still has to pay Eagle but maybe he could get some money back for lost sales or something.

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