Question of ethics

[calisj]

Steven McPheters, a house builder and developer,hired Terry Tentinger,a painting contractor, to do some touching up and repainting on one of McPheters new houses.Tentinger worked two days, billed McPheters $420( for three-man crew for fourteen hours at $30 per hour), and offered to return to the house to remedyany defects in his workmanship at no cost. McPheters objected to the number of hours on the bill-although he did not express dissatisfaction with he work-and offered Tentinger $250. Tentinger refused to accept this sum and filed a suit in an Idaho state court to collect the full amount. McPheters filed a counterclaim, alleging that Tentinger had failed to perform the job in a workmanlike manner because there was paint overspray on a redwood deck and inadequate paint coverage on portions of the rain gutter.McPheters sought $3000 in damages to cover the cost of repairs that he claimed were necessary. In view of these facts, consider the folowing questions.

1. The court in this case stated that a contract has been substantially performed if one party provided the "important and essential benefits of the contract" to the other. Did Tentinger substantially perform his part of the bagain( touching up and repainting)!

2.Given that McPheters failed to complain about Tentinger's workmanship at the time and did not give Tentinger a chance to remedy the defects,would it be fair to allow him recover repair costs from Tentinger?why or why not?

3.What is the underlying policy for the general rule that substantial performance discharged a party's contractual obligations?

Thanks in advance!