Can Puff recover under this contract? Explain.

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Can Puff recover under this contract? Explain.


The Smooth Paving Company entered into a paving contract with the city of Chicago. The contract contained the clause “contractor shall be liable for all damages to buildings resulting from the work performed.” In the process of construction, one of the bulldozers of the Smooth Paving Company struck and broke a gas main, causing an explosion and a fire that destroyed the house of John Puff. Puff brought an action for breach of the paving contract against the Smooth Paving Company to recover damages for the loss of his house. Can Puff recover under this contract? Explain.

Explanation & AnswerSolution by a verified expert


Under the contract for the destruction of land, Individual JP may be retrieved. In the contract, there was little written on the party's responsibility to the contractor.However, it was explicitly mentioned that the contractor is liable for any damage that may occur to the building for any reason.
The contractor has claimed responsibility for the security of the property and, as a result, the owner of the property is the beneficiary and is entitled to sue and reclaim the property.

Verified Answer

Yes, Individual JP is going to prevail under the contract for the loss of property. In the contract, where nothing was written regarding the liability of the party toward the contractor, it was expressed clearly that the owner of the property is going to be liable to pay the losses to other parties for any reason. So,the property owner is going to recover.

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