- 8 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011