Janie’s Hallmark plans to open its new greeting card store in time for the criti

Question

Janie’s Hallmark plans to open its new greeting card store in time for the critical Christmas season. The contract she makes with Retail Installation Company (RIC) for laying the carpeting, assembling the shelves, painting and installing the cash registers includes a damages provision. That provision states that with the critical holiday season approaching time is of the essence and Janie can subtract $200 for each day after October 1st that the store is not ready for occupancy because RIC has not completed its work. RIC does not complete the installation until October 31st, 30 days late. Janie subtracts $6,000 from the $30,000 she owes for her final payment to the installation company. The company sues for the $6,000 difference.

A. Who wins? Why?

Explanation / Answer

Ans Janie will win because the company has not completed the site.

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