Everything required by contract except grading and paving

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Harte contracted with Connolly to install a new roof on Connolly’s house. It was agreed that the roofing shingles were to be “russet glow” a shade of brown. The roof was installed, and many of the shingles were discoloured showing streaks of yellow. Harte replaced some of the shingles, but the new shingles did not match the others. The overall appearance of the roof is that it has been patched with non-blending colours. The roof is functional and is guaranteed to last fifteen years. Must Connolly pay? Why or why not? Would your answer change if Harte was building a house for Connolly and on the scheduled completion date had done everything required by the contract except grading and paving? Why or why not?

Reference no: EM13696730

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