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Today we're going to talk a little bit about basic contract principles let's start out with a definition of the contract a contract is simply an agreement between the parties and we all pretty much understand that the unique thing about a construction contracts however is it envisions or contemplates the possibility that it will be modified changed when we illustrate that point with a little example let's say you went to buy a car and you couldn't find a car you liked on a lot so you went into the car salesman the sales associate and you made arrangements to order a car they went through the order form and the one of the first questions the associate asked you was what what color would you like and you go through their list of colors and you conclude that Seattle silver is the color for you so they fill out the form so you have and silver go a little bit further down the form and they ask you what kind of seat covers you'd like you say leather I'd like leather seats check off leather they keep going a little bit further down and they actually didn't feel like a moonroof and you said of course I want the best so they complete the form you offer your deposit they tell you the car will be ready in four weeks and eight weeks later they give you a call and the cars ready run down to the auto dealership and then run into the showroom grab the associate because you really want to see this new car and he takes you out of the lot and you see a red car not Ciel silver red not exactly what you ordered you look at the associate news and so what's with the red and the associate said well let me tell you a little bit about that Ciel silver now you live here in Texas you know Sun beats down on that car every single day that it's not in the garage and it tends to wash out that CL silver it just hasn't held up well in Texas environment we substituted red we think you'll like you better cost the same well you don't want a red car but you know it is here in front of you and you would at least like to sit down so you open the door and you get in and it's cloth seats and you look at the associate again and he knows the question you're going to ask and he starts off right away and he says you know that leather you know leather these days this just isn't what it used to be no leather is now a veneer and they kind of glue it to cloth and again this tough Texas environment we found that that little lamination just doesn't work the way that we'd all hoped it would we sucked it to a cloth we think you'll be happier with it didn't have the guts to tell them it would be the same price but in any event they kept the person buying the car got into the car it was one of those kinds of days we really like to have the no moonroof so the question I have is does the person who ordered that car have to take delivery and I think most of you would say and certainly I would agree with you the answer is no absolutely not it's not what you ordered it's not what the deal says that you...
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