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11. If one year later the homeowner brings an action for specific performance against the contractor, which of the following will provide the contractor with the best defense?
Assume that on November 26 the contractor without legal excuse repudiated the contract and that the homeowner, after a reasonable and prolonged effort, could not find anyone to remodel his kitchen for a price approximating the price agreed to by the contractor.
On November 15, a contractor, in a signed writing, contracted with a homeowner for an agreed price to personally remodel the homeowner's kitchen according to specifications provided by the homeowner and to start work on December 1. The contractor agreed to provide all materials for the job in addition to all of the labor required.
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A is incorrect. There is no evidence that the homeowner's delay in bringing the action prejudiced the contractor, so laches will not provide a defense.
C is incorrect. Specific performance may be available in anticipatory repudiation cases.
D is incorrect. Specific performance is available in cases where monetary damages are inadequate, including where only nominal damages could have been recovered.