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C. Performance of the Contract
Petitioner began performance of the contract by constructing
the concrete forms on the ground out of lumber in accordance with
the developer's blueprints. After the placement of the forms was
accepted by the developer, fill sand and drain rock were spread
within the forms according to the plan specifications.
Petitioner cut wire mesh and rebar to size and placed them within
the forms and engaged a carpenter subcontractor for the correct
placement of the other hardware items. Once the form work was
inspected and accepted by the developer, petitioner ordered
delivery of the ready-mix concrete.
Ready-mix concrete is composed of water, cement, and
aggregate, which are mixed together to a mudlike consistency.
The concrete must be poured within 3 or 4 hours after the water
is introduced to the cement; the concrete cannot be poured after
this length of time as it changes from a liquid into a solid.
Petitioner ordered concrete from a supplier that delivered
it to the construction site. Petitioner did not manufacture,
deliver, or store the concrete. In a typical transaction,
petitioner placed the order with the concrete supplier's
dispatcher by telephone, specifying the quantity of concrete and
the time and place of delivery. The concrete supplier's invoice
provided that petitioner was liable for payment for the concrete.
After the order was placed, the concrete supplier sent a
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Last modified: May 25, 2011