This is a construction contract. That means substantial performance controls.
The contractor completed the renovations on time. He substituted comparable domestic tile. The facts say “comparable quality,” which is the examiners waving a giant flag that this isn’t a catastrophic deviation.
Unless the imported tile was truly essential to the bargain in a way that defeats the purpose of the contract, this looks like a minor deviation, not a material breach.
The homeowner saying “timely completion is essential” doesn’t magically transform the tile specification into a condition precedent unless the contract explicitly made it one.
He finished on time. The kitchen is renovated. That’s substantial performance.
The homeowner must pay, though she may be entitled to damages for the difference in value if the tile substitution reduced value.
Wow?! I care nothing about the law, but I found this oddly inspiring and motivating.
Thanks for sharing it, brother.
And if you need a recap of any political news you missed the past week, I've got a two-hour podcast episode that summarized it all for you to listen to while you either hit the gym. Or sauna. Or maybe the bar. (Probably won't need the podcast on the latter.)
I'm betting you crushed it. But if you didn't, what a great attitude that you have: you gained intel and experience.
Man, this last podcast was like a Super Bowl episode. I think it’s probably my best ever. It’s definitely the longest, but it’s not lazy. It is compressed and I think pretty good. It was just a lot of news. And I feel like I was fair to the president, but I also feel like I was firm and maybe stern? I actually listen to it today in my post recording exhaustion. Was up till 2 AM recording it, but I think I knocked it out of the park. Probably made both sides mad. 🤣
And, BTW, as a retired surgeon, I think I have asked him for more legal advice than the family has asked me for medical advice. Maybe I'm doing something wrong!
Beautifully written. This captured the essence of the three 6 hour days of the Alabama Bar Exam that I took in 1999 when I was 47 and in the sunset months of a 20 year USAF career. Hypothetical Mr. O'Donnell, is anyone ever on speaking terms with secured transactions?
As I was reading your description of what and how the exam is testing you I was thinking 'wait, this guy sat in big airplanes taking in all sorts of information that might mean the loss of a friendly if he wasn't quick at analysing and didn't react well under pressure'. He's got that for breakfast!
Thanks Graham, I think most veterans would generally thrive in the exam environment compared to your typical 25 year old fresh out of school. I have the added benefit of age and experience for things like real property questions. Questions about deeds and title insurance seem easier when you’ve moved a lot and attended a dozen closings.
Based on my own experiences and what you presented there is no question that you passed the bar. The only difference for me is I made sure I had too much to drink the night before and, as soon as I felt I had enough right answers to pass, I left and went o a bar. I passed with 8% points in excess even though there were three hours left in the day when I walked out. You passed even though you stressed too much.
Reminds me why I vowed never to take another Bar exam in 1988 when I took the VA bar, while working a full-time job on Capitol Hill - 20+ state subjects, some based on old English law, plus the multi-state. Fortunately, I passed, waived into DC based on my multi-state results, and never took another Bar exam (now retired)!
Tina, I asked myself that question every day of bar prep.
I initially went to law school because it was free (GI Bill) and I thought maybe, as an attorney, I could help people who don't have access to legal knowledge because of the high prices that come along with lawyers. Also, I have a distaste for creditors who relentlessly come after the economically vulnerable in our society. Especially veterans when their own government tries to jerk them around.
More selfishly, I recently learned about a relative of mine named Dike Smedley. He was a Michigan congressman, a WWI fighter pilot, lawyer, author, and champion fly fisherman. I said "This is the most interesting man in the world." If I could accomplish a fraction of what he did before I die, it would be something. Interestingly, I'm starting flight school for my private pilot's license as soon as the bar results are behind me. This is just me trying to live up to my ancestor's accomplishments.
It’s all so interesting to me…..the different directions highly motivated people move in and their motivations for expending effort.
I want to thank you so much for your writing, your posts have helped me round out my understanding of the invasion of Ukraine, the plots, the players, etc.
To read about how far you have stretched your finite physical resources (24 hours in a day!) is inspiring. I’ve not seen you digress from your primary purpose, always taking the time to write that extra paragraph for those of us who don’t have your background but want to understand.
Well done! And kudos to your wife and kids for their patience and support.
Holy shit, did I enjoy this—because of the writing and the wit (and military metaphors). Never studied law or wanted to. I think you were born to write, you’re very good at it. Except for that “very unique”—don’t get me started. But—thank you
As someone who went to law school after 15 years of active duty and with the help of the GI bill and a hardworking wife, I can relate -- and still recall the butterflies. My mantra was that the odds of passing were heavily on my side (over 85% first time from my school). Also, I had known a number of lawyers and found it hard to believe that they were divine. Then, 13 years later I had to take another bar in a community property state. That time the choice was whether to write quickly (and probably illegibly) or type slower but get enough letters right that the examiner could read it. Viva the IBM Selectric typewriter. I'll be surprised if you don't pass.
So - here's a contrast. When I took the Pediatric Boards in 1984 in order to qualify to become a Fellow of the American Academy of Pediatrics, there were two components:
A) The National Boards, which involved three parts and was required to get any medical license to practice in the United States. They consisted of:
- Part 1 after the first two years to test basic science knowledge (6 hours);
- Part 2 after the second two years to test clinical science knowledge (6 hours); and
- Part 3 after your first year of residency to test clinical management and decision-making (6 hours).
B) The Pediatric Boards - which you could't take until you had completed your Pediatric residency and had two years of Pediatric clinical experience. This was the only way to become a Fellow. It consisted of:
- A written test which covered every conceivable Pediatric area (Peds Cardiology, Peds Endocrinology, yadayadayada). Once again, it was about 6 hours.
- IF AND ONLY IF you passed the written test, you had a two hour oral exam one-on-one with a Chair of a Peds Department of a U.S. medical school. I remember mine in 1984 vividly. I came from Michigan, Dr. Morgan was the Chair of Peds at U.C. Irvine, and we met in Philadelphia. She didn't know me from Adam and her only objective was to see if I had a solid fundamental understanding of Peds. Most of her questions were easy - several were clever traps - and some were just unanswerable by a mere mortal like myself. I loved the oral board part - especially the traps.
I think that the staged way in which the exam process was structured was excellent.
At that time, Board Certification was permanent - so when Board Cert. became temporary and only lasted 5 years, we old-timers grandfathered/grandmothered in.
About 2009 I decided I really wanted to know if I could still pass the Boards, so I decided to sit for the exam.
Yup - 3 months of prep. It was a grind, and the exam was totally different - only multiple choice questions, time-limited to three hours (as I recall). What drove me (and everyone else) crazy then was that even if you were now specializing in a narrow field and hadn't seen a kid with asthma in years, you had to answer questions covering every specialty. It was definitely hazing idiocy and in no way was it a test of competency.
I'm sorry this is so long, but gotta say Wes, you took me down memory lane. Thanks for the trip.
AND - I read your stuff because it is so well structure, analytical, and deep. Thanks for all you do and for all you are.
Great story, Wes, and I'm glad it's yours and not mine. I had the pleasure of spending a career immersed in the law without needing the grueling entrance that you just described. I was a city planner in California where I had to write, interpret and administer city plans, zoning ordinances, environmental rulings and such (with the assistance of the city attorney, of course). I had tons of fun, but I must admit that my role was different than what lawyers work on in and around the courthouse. I sought to help of whoever was in front of me, whether property owner, neighbors, developer, city council, planning commission, historic preservation board, etc. even when they were in adversarial positions. Thirty-two years of never regretting a day; I was a lucky guy. I wish the same for you.
Wait! What's the answer??? Does she have to pay or not?
A!
This is a construction contract. That means substantial performance controls.
The contractor completed the renovations on time. He substituted comparable domestic tile. The facts say “comparable quality,” which is the examiners waving a giant flag that this isn’t a catastrophic deviation.
Unless the imported tile was truly essential to the bargain in a way that defeats the purpose of the contract, this looks like a minor deviation, not a material breach.
The homeowner saying “timely completion is essential” doesn’t magically transform the tile specification into a condition precedent unless the contract explicitly made it one.
He finished on time. The kitchen is renovated. That’s substantial performance.
The homeowner must pay, though she may be entitled to damages for the difference in value if the tile substitution reduced value.
🤯 200 of those, eh?
Nope!!
Oh my! My granddaughter just got accepted to law school. Should I share this with her or will it scare the beejeebees out of her like it did me?
Congratulations! That's awesome! Please share. I think she'll do awesome.
Absolutely share, and congratulations to her! Welcome to the paper chase!
Wow?! I care nothing about the law, but I found this oddly inspiring and motivating.
Thanks for sharing it, brother.
And if you need a recap of any political news you missed the past week, I've got a two-hour podcast episode that summarized it all for you to listen to while you either hit the gym. Or sauna. Or maybe the bar. (Probably won't need the podcast on the latter.)
I'm betting you crushed it. But if you didn't, what a great attitude that you have: you gained intel and experience.
100%, I'm always down for a Stan Mitchell podcast. My wife digs the southern accent, lol (her desk is next to mine in our home office)
Man, this last podcast was like a Super Bowl episode. I think it’s probably my best ever. It’s definitely the longest, but it’s not lazy. It is compressed and I think pretty good. It was just a lot of news. And I feel like I was fair to the president, but I also feel like I was firm and maybe stern? I actually listen to it today in my post recording exhaustion. Was up till 2 AM recording it, but I think I knocked it out of the park. Probably made both sides mad. 🤣
I need to share this with our lawyer son-in-law!
And, BTW, as a retired surgeon, I think I have asked him for more legal advice than the family has asked me for medical advice. Maybe I'm doing something wrong!
Beautifully written. This captured the essence of the three 6 hour days of the Alabama Bar Exam that I took in 1999 when I was 47 and in the sunset months of a 20 year USAF career. Hypothetical Mr. O'Donnell, is anyone ever on speaking terms with secured transactions?
Really good. I'm soooo glad I don't have to do this again.
As I was reading your description of what and how the exam is testing you I was thinking 'wait, this guy sat in big airplanes taking in all sorts of information that might mean the loss of a friendly if he wasn't quick at analysing and didn't react well under pressure'. He's got that for breakfast!
Thanks Graham, I think most veterans would generally thrive in the exam environment compared to your typical 25 year old fresh out of school. I have the added benefit of age and experience for things like real property questions. Questions about deeds and title insurance seem easier when you’ve moved a lot and attended a dozen closings.
Congradulations!
Passing the bar at 45 is excellent.
Show those punk kids who is a boss.
What a fantastic article! Thank you! <from a guy who passed the CPA exam 4 decades ago >
Based on my own experiences and what you presented there is no question that you passed the bar. The only difference for me is I made sure I had too much to drink the night before and, as soon as I felt I had enough right answers to pass, I left and went o a bar. I passed with 8% points in excess even though there were three hours left in the day when I walked out. You passed even though you stressed too much.
Reminds me why I vowed never to take another Bar exam in 1988 when I took the VA bar, while working a full-time job on Capitol Hill - 20+ state subjects, some based on old English law, plus the multi-state. Fortunately, I passed, waived into DC based on my multi-state results, and never took another Bar exam (now retired)!
Tell us again why you felt it necessary to put yourself through this torture?
It does sound like you did everything possible to assure your success.
So many milestones in higher education are endurance contests wrapped in financial hardship and personal sacrifices.
Lots of talent is lost during the excruciating process devised by sadists.
It starts in 2nd grade with standardized testing.
I hope you pass!
Tina, I asked myself that question every day of bar prep.
I initially went to law school because it was free (GI Bill) and I thought maybe, as an attorney, I could help people who don't have access to legal knowledge because of the high prices that come along with lawyers. Also, I have a distaste for creditors who relentlessly come after the economically vulnerable in our society. Especially veterans when their own government tries to jerk them around.
More selfishly, I recently learned about a relative of mine named Dike Smedley. He was a Michigan congressman, a WWI fighter pilot, lawyer, author, and champion fly fisherman. I said "This is the most interesting man in the world." If I could accomplish a fraction of what he did before I die, it would be something. Interestingly, I'm starting flight school for my private pilot's license as soon as the bar results are behind me. This is just me trying to live up to my ancestor's accomplishments.
It’s all so interesting to me…..the different directions highly motivated people move in and their motivations for expending effort.
I want to thank you so much for your writing, your posts have helped me round out my understanding of the invasion of Ukraine, the plots, the players, etc.
To read about how far you have stretched your finite physical resources (24 hours in a day!) is inspiring. I’ve not seen you digress from your primary purpose, always taking the time to write that extra paragraph for those of us who don’t have your background but want to understand.
Well done! And kudos to your wife and kids for their patience and support.
Holy shit, did I enjoy this—because of the writing and the wit (and military metaphors). Never studied law or wanted to. I think you were born to write, you’re very good at it. Except for that “very unique”—don’t get me started. But—thank you
As someone who went to law school after 15 years of active duty and with the help of the GI bill and a hardworking wife, I can relate -- and still recall the butterflies. My mantra was that the odds of passing were heavily on my side (over 85% first time from my school). Also, I had known a number of lawyers and found it hard to believe that they were divine. Then, 13 years later I had to take another bar in a community property state. That time the choice was whether to write quickly (and probably illegibly) or type slower but get enough letters right that the examiner could read it. Viva the IBM Selectric typewriter. I'll be surprised if you don't pass.
So - here's a contrast. When I took the Pediatric Boards in 1984 in order to qualify to become a Fellow of the American Academy of Pediatrics, there were two components:
A) The National Boards, which involved three parts and was required to get any medical license to practice in the United States. They consisted of:
- Part 1 after the first two years to test basic science knowledge (6 hours);
- Part 2 after the second two years to test clinical science knowledge (6 hours); and
- Part 3 after your first year of residency to test clinical management and decision-making (6 hours).
B) The Pediatric Boards - which you could't take until you had completed your Pediatric residency and had two years of Pediatric clinical experience. This was the only way to become a Fellow. It consisted of:
- A written test which covered every conceivable Pediatric area (Peds Cardiology, Peds Endocrinology, yadayadayada). Once again, it was about 6 hours.
- IF AND ONLY IF you passed the written test, you had a two hour oral exam one-on-one with a Chair of a Peds Department of a U.S. medical school. I remember mine in 1984 vividly. I came from Michigan, Dr. Morgan was the Chair of Peds at U.C. Irvine, and we met in Philadelphia. She didn't know me from Adam and her only objective was to see if I had a solid fundamental understanding of Peds. Most of her questions were easy - several were clever traps - and some were just unanswerable by a mere mortal like myself. I loved the oral board part - especially the traps.
I think that the staged way in which the exam process was structured was excellent.
At that time, Board Certification was permanent - so when Board Cert. became temporary and only lasted 5 years, we old-timers grandfathered/grandmothered in.
About 2009 I decided I really wanted to know if I could still pass the Boards, so I decided to sit for the exam.
Yup - 3 months of prep. It was a grind, and the exam was totally different - only multiple choice questions, time-limited to three hours (as I recall). What drove me (and everyone else) crazy then was that even if you were now specializing in a narrow field and hadn't seen a kid with asthma in years, you had to answer questions covering every specialty. It was definitely hazing idiocy and in no way was it a test of competency.
I'm sorry this is so long, but gotta say Wes, you took me down memory lane. Thanks for the trip.
AND - I read your stuff because it is so well structure, analytical, and deep. Thanks for all you do and for all you are.
Great story, Wes, and I'm glad it's yours and not mine. I had the pleasure of spending a career immersed in the law without needing the grueling entrance that you just described. I was a city planner in California where I had to write, interpret and administer city plans, zoning ordinances, environmental rulings and such (with the assistance of the city attorney, of course). I had tons of fun, but I must admit that my role was different than what lawyers work on in and around the courthouse. I sought to help of whoever was in front of me, whether property owner, neighbors, developer, city council, planning commission, historic preservation board, etc. even when they were in adversarial positions. Thirty-two years of never regretting a day; I was a lucky guy. I wish the same for you.