[Defective Windows] Cecelia Hired a Contractor, Paul, to Put New

question 38

Multiple Choice

[Defective Windows] Cecelia hired a contractor, Paul, to put new windows in her home that she purchased herself from Good Windows. Unfortunately, Paul made a mess of the windows. While the windows were initially in good shape, Paul cracked some, scratched others, and did not get the windows properly fitted into their frames. Cecelia received a bill for the windows from Good Windows, but she refused to pay. Cecelia was told that Good Windows would file a lien, but she believed that there was no basis upon which a lien would be granted. Paul, who refused responsibility for any problems, also filed a lien after Cecelia refused to pay him.
-What is the most likely result if Good Windows proceeds with attempting to obtain a lien, assuming the court follows the reasoning of Bates County Redi-Mix Inc. v. Windler discussed in the text?

• A) Good Windows would likely prevail because it was not the fault of Good Windows that the windows were installed improperly.
• B) Good Windows would likely lose because the windows are not working properly for Cecelia.
• C) Good Windows would likely lose only because Paul is unwilling to cover the cost of proper installation, and Cecelia should not be charged for windows when she has no remedy against anyone.
• D) Good Windows would likely lose unless Cecelia can establish that Good Windows notified her by certified mail that she would have to pay for the windows even if they were improperly installed.
• E) Good Windows would likely be granted a lien for only 50% of the cost of the windows.

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Definitions:

Professional Services

Expert services provided by qualified professionals such as lawyers, accountants, and consultants.

Service Shops

Businesses that provide professional or technical services rather than products, often requiring specialized labor or skills.

Mass Services

Services provided on a large scale to a broad population where individual customer interactions are relatively uniform and low in complexity.

Process Costing

A costing method used in industries where production is continuous, assigning costs to units of output on the basis of average costs for each process or department.