Asked by Natalie Zavala on Apr 30, 2024
Verified
Which of the following was the result in Fostveit v. Poplin the case in the text involving the right of a contractor who had built storage units to place a lien on the property in which "substantial performance" has occurred according to a contract?
A) The court found that a lien was able to be placed on a property because Fostveit had substantially performed his portion of the work assigned to him pursuant to the parties' contract.
B) The court found that a lien not allowed to be placed on the property because Fostveit had multiple violations of building codes.
C) The court found that a lien was allowed on the property, but only after Fostveit remedied the building code violations in compliance with local law.
D) The court found that a lien was not available because the Poplin's had improved the property pursuant to the contract and a lien would be inequitable.
E) The court found that a lien was available but the materials and time associated with the improvements the Poplin's had made would need to be deducted from the lien amount.
Substantial Performance
Contract performance that occurs when nearly all the terms of the agreement have been met, there has been an honest effort to complete all the terms, and there has been no willful departure from the terms of the agreement.
Building Codes
Regulations that set forth standards for the construction, modification, and maintenance of buildings and structures to ensure public health, safety, and welfare.
- Analyze the legal outcomes of notable cases involving liens and secured interests.
Verified Answer
JN
Jordan NewsomMay 03, 2024
Final Answer :
A
Explanation :
The court ruled in favor of allowing a lien because Fostveit had substantially performed his contractual obligations, which is a key factor in determining the right to place a lien for work completed.
Learning Objectives
- Analyze the legal outcomes of notable cases involving liens and secured interests.