Jess is having a house built. She employs Spky to install electrical wiring. The contract specifies LEGEND brand wiring and requires four double power points to be installed in every room. Jess agrees to pay $10,000 for the work.
Because LEGEND brand wiring is not available, Spky uses PHOENIX wiring, knowing that it made by the same manufacturer as LEGEND. In fact the only difference between the two types of wiring is that they are distributed by different retailers. He does not tell Jess of the change. Due to an oversight Spky installs four single power points in each room.
Jess refuses to pay for the work. To replace the power points with double power points will cost $400. The cost of replacing the PHOENIX wiring with LEGEND wiring, which is now available, is $5,000. Spky is willing to replace the power points without cost to Jess but refuses to bear the cost of rewiring.
Advise Jess.
Maybe you can focus on Terms Construction and Discharge by performance and by agreement. Also think about contracts(like agreement, consideration, certainty etc.)