Timmy decides to hire Daniel to build an extension onto his…
Timmy decides to hire Daniel to build an extension onto his house. They enter into a contract on March 1st, and the deadline for completing the extension is May 1st. Given the nature and size of the project, the extension will take at least one week to complete once the work on it has started. The Timmy-Daniel contract states that “time is of the essence” because Timmy is having family over from May 2nd to May 12th, and Timmy needs the extra space for them to stay. Even though the deadline gets closer and closer, Daniel never starts construction. Finally, on April 27th, Timmy declares Daniel to have breached the contract. Daniel argues that Timmy cannot declare a breach yet. Who is correct?