Question

Jorge is the owner of a 20-story office building undergoing renovation. A flooring contractor, Mikhail, came to the building to measure the job in preperation for making an offer. Mikhail mistakenly failed to include one of the floors, and his offer was thus 5% lower than it otherwise would have been. Jorge, who did not know of Mikhail's error, accepted Mikhail's offer. When Mikhail's workers came to start the job, they noticed the error. Mikhail now wants to avoid the contract. Will he be successful? Explain

Answer 1

All professional contracts of projects have the scope of work & timelines well specified. If Mikhail has given the breakup of the activities that will be undertaken floor-wise with the costing, he has the option of defending his contract on that point.

Else Mikhail has to honor the contract as per the terms and conditions mentioned; failing which it will be a breach of contract.

The other option is to renegotiated the offer with Jorge at arrive at the situation which if fair to both Mikhail & Jorge. It is up to Jorge to entertain his renegotiation or not.

If this is not happening it is difficult to avoid the contract or else he might face legal actions if instructed by the court or the penalties (if any) mentioned in the contract.