Student ID# 202011
BBA 3210, Business Law
Research Project: Analyzing a Contract
August 22, 2012
“Analyzing a Contract”
I have identified a basic contract that is used when a provider and client have agreed to a specific service and payment for service (Savetz, 2012). The contract is at the end of this paper. In my scenario, the Client has requested the Provider to complete a concrete pad in the back yard of his new home. I will analyze this contract and identify the type of contract used, whether the contract is fair, if the contract is integrated or not, if the contract allows for the assignability of rights, and if the obligator can appoint another party to perform the contractual duties. I have identified the Client as McVay, and the Provider as Thomas. Thomas is the sole owner and employee of the company Concrete 123, in Sacramento California.
Background Joshua McVay has just purchased a new home located in Sacramento California. As with most homes, the developer did not complete the back yard landscaping. No lawn, patio, or shrubbery were constructed in the back yard by the developer. The back yard was filled with dirt and is flat. McVay has chosen to contract with John Thomas, an independent contractor to complete a concrete pad in his back yard for a covered patio. McVay chose Thomas after obtaining three different quotes from three different concrete construction masonry companies. Thomas was the lowest bidder between the three companies that McVay surveyed. All of the companies were licensed appropriately and all had more than ten years of experience in the field of masonry.
John Thomas is the sole owner of the masonry company named Concrete 123, and is the only employee. Concrete 123’s area of business is based in Sacramento California, in Sacramento County. Thomas has the appropriate licenses and experience to conduct the work and has been self employed as a concrete installer for approximately seven (7)
References: Mallor, J. P., Barnes, A. J., Bowers, T., & Langvardt, A. W. (2007). Business law: The ethical, global, and e-commerce environment (13th ed.) Savetz Publishing, Inc. (2009-2012), Printable Contracts, Contract for Services. Retrieved 08/22/2012 from: http://www.printablecontracts.com/Contract_For_Services_