Reference no: EM133297995

James wanted to repair his old house and so he reached out to a renovator named Apex Homes Inc ("Apex"). The details of the repair work to be done were provided by James to Apex and Apex signed an agreement to repair the house. Apex began to repair the house in the spring. Over the following months, James consistently identified what he called "construction problems" that he wanted Apex to address. Apex did the best they could to keep James happy and was willing to acknowledge that some of what James identified were legitimate concerns. However, Apex felt many issues James raised were preference changes. Nonetheless, Apex complied as much as possible to try and keep the customer happy. Despite this, James has had enough and is now alleging that Apex is not complying with the contract clause in their agreement to "correct issues raised by the customer within two (2) weeks of identification of an issue". James has decided on his own to withhold the next 20% instalment of payment of the completion price (partial payment was being provided at each major phase of repair completion).

What facts would James have to rely on to prove his claim that a breach of contract has occurred? What would James have to show in order to leave the contract and replace Apex with another company to complete the project? What might Apex argue and possibly allege in response to James' arguments and decision?