Brent decides to hire Rocky to build an extension onto his house. They enter into a contract on March 1st, and the deadline for completing the extension is May 1st. Given the nature and size of the project, the extension will take at least one week to complete once the work on it has started. The Brent-Rocky contract states that "time is of the essence" because Brent is having family over from May 2nd to May 12th, and Brent needs the extra space for them to stay. Even though the deadline gets closer and closer, Rocky never starts construction. Finally, on April 27th, Brent declares Rocky to have breached the contract. Rocky argues that Brent cannot declare a breach yet. Who is correct? O Brent is correct because Rocky automatically breached the contract by failing to complete the work by April 15. O Brent is correct because he can declare an anticipatory breach if it is clear that Rocky will not meet the deadline. O Rocky is correct because Brent cannot declare a breach of contract until the actual deadline has passed. O Rocky is correct because he could not be reasonably expected to complete the construction in the time frame required by the contract - or, alternatively, at this point in time Rocky is entitled to a Nachfrist notice. O Brent is correct only if Rocky has made no effort to contact him and notify him that he will be unable to complete the construction.
Brent decides to hire Rocky to build an extension onto his house. They enter into a contract on March 1st, and the deadline for completing the extension is May 1st. Given the nature and size of the project, the extension will take at least one week to complete once the work on it has started. The Brent-Rocky contract states that "time is of the essence" because Brent is having family over from May 2nd to May 12th, and Brent needs the extra space for them to stay. Even though the deadline gets closer and closer, Rocky never starts construction. Finally, on April 27th, Brent declares Rocky to have breached the contract. Rocky argues that Brent cannot declare a breach yet. Who is correct? O Brent is correct because Rocky automatically breached the contract by failing to complete the work by April 15. O Brent is correct because he can declare an anticipatory breach if it is clear that Rocky will not meet the deadline. O Rocky is correct because Brent cannot declare a breach of contract until the actual deadline has passed. O Rocky is correct because he could not be reasonably expected to complete the construction in the time frame required by the contract - or, alternatively, at this point in time Rocky is entitled to a Nachfrist notice. O Brent is correct only if Rocky has made no effort to contact him and notify him that he will be unable to complete the construction.
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