Breach of contract with a house contractor

What is the name of your state? CA

I am working on a business law paper and am having trouble completely answering this question.

A contracts with B to build a house to certain specifications, A-3 bedrooms, 2-bath, B-18,000 sq ft., C-exterior to be painted Najavo white, D-price $80,000.

Just before A moves into the house he discovers that the house contains only 2-bedrooms, but does contain 18,000 sq ft over all.
And, the final coat of paint is Egg Shell White, "close to Najavo White".

A refused to accept the house in its present state.

Question? Can B compel A to take the house and pay $80,000 for it?

How would you answer this question? I have come up with that it is a breach of contract, but need a little more substance

[JETX]

Can you say, "specific performance"??

I'm not sure that specific performance would apply to this case because the subject matter (the house) is not "unique."

I could be reading the action for specific performance wrong, but that is my understanding.

Does anyone else have an opinion?

[Souix]

Originally posted by cin29
I'm not sure that specific performance would apply to this case because the subject matter (the house) is not "unique."

I could be reading the action for specific performance wrong, but that is my understanding.

Does anyone else have an opinion?

**I would say its a breach of contract. If B refuses to correct the items in breach, then that would be specific performance

[HomeGuru]

Before providing my opinion, I would need to first review the contract documents ie. construction contract, building plans and specifications.

I don't have the specifics that you are looking for. This is just a fictitious case. The only requirements where that the house be 3-bedroom, 2-bath, 18,000 sq ft and the exterior be painted Navajo White.

I am just trying to see how specific performance fits into this case.

Thanks for the help

[JETX]

If I understand your post correctly, you are "working on a business law paper" and have asked this forum to provide answers for you.

Since this is YOUR education, I am reluctant to provide specific answers to your query, but have provided what I feel is a valuable 'hint' at where you should be looking. Now it is up to you to complete your education by researching the issue and completing your response.

Good luck... and I hope you get a good grade.... but I feel it is reasonable to ask you to complete this assignment on your own.

Another hint.... a contractual issue does not require 'uniqueness' to be a specific performance requirement. Re-read what the contract REQUIRES.

I am not looking for someone to write my paper or answer the question. I was just looking for a little input. I was confused about the specific performance issue, but I will do a little more research.

Thank you for your help!

[HomeGuru]

Continue also on your theory of breach of contract.

I have finally figured out where to go with the question. It is a matter of substantial performance.

Thanks to everyone that responded.

[HomeGuru]

That's great. Now we won't have to deal with fiction.