Question

Holes Inc. begins digging a foundation at a construction site for Investment Company under a contract...

Holes Inc. begins digging a foundation at a construction site for Investment Company under a contract for a certain price. After six months, Holes demands a higher price because of extraordinary difficulties that were totally unforeseen at the time the contract was formed. An agreement to pay the higher price is

a.

unenforceable as an illusory promise.
b.

unenforceable due to the preexisting duty rule.
c.

enforceable due to unforeseen difficulties.
d.

enforceable as the consideration is past.
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Answer #1

Option C is correct. enforceable due to unforeseen difficulties.

Where there are unforseeable difficulties and the contracts needs to be modified because of these unforseeable difficulties during the coourse of the performance of the project, such modifications are enforceable.

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