Problem 1: You hire a contractor to build a deck on your house. Specifically, the written agreement states that the contractor will build a 10 foot by 10 foot deck on the back of your house, and complete the deck in 10 days. The agreement also states that you will pay the contractor $10,000 once the deck is completed. The contractor completes the construction of the deck within the 10 days, but the deck looks really bad - the deck floor boards are not spaced correctly, the railings are not properly connected and are very unsturdy, there is one big stair instead of two smaller stairs, etc. In short, the deck looks like it was built by someone without experience. You are very unhappy and do some research online and find out that Maryland law requires that all contractors who build decks must have a valid Maryland Home Improvement License. You ask your contractor if he has a Maryland Home Improvement License, and the contractor laughs at you and tells you he does not have one, and it does not matter since the work and the deck is complete. The contractor says, "hey, we have a written agreement that says I build the deck, and you pay me $10k - I did my part, now pay up!"
You don't want to pay the contractor, but you signed the written agreement stating you would pay the contractor $10,000 if he completed the deck in 10 days - and he did!
Question: Explain what options you have to get out of the agreement and avoid paying the contractor the $10,000.
Problem 2: Explain the difference between suing someone for a tort and suing someone for a breach of contract.
If you could chose to sue someone either under a tort cause of action or for a breach of contract, which one is better? Explain Why?