Question

The local public school district hired a contractor to make upgrades to one of its elementary school

buildings. Due to delays caused, in part, by COVID-19 restrictions, the project ran two years behind
schedule. Unable to get a firm commitment from the contractor on a new completion date, the public school
district decided to terminate the contract and hire another contractor that could restart the project right
away and have it completed before classes started after the summer break. The original contractor wants to
file a claim against the school district for breach of contract. Which of the following statements about this
case is true?
2
3
4
-/10
The lawsuit will be dismissed because public schools are a branch of government, and
government agencies cannot be a party in a civil suit.
The contractor will have to prove his breach of contract claim beyond a preponderance of the
evidence.
The lawsuit will be dismissed because courts have no jurisdiction over breach of contract cases
related to COVID-19.
The lawsuit will be dismissed because the contractor could not complete the project.

Answer 1

Step-by-step explanation:

In this case, the statement "The contractor will have to prove his breach of contract claim beyond a preponderance of the evidence" is true. When a party files a breach of contract claim, they have the burden of proving their case by a preponderance of the evidence, which means providing sufficient evidence that shows it is more likely than not that a breach occurred.

While the other statements contain elements to consider, they are not entirely accurate:

1. The lawsuit will not be automatically dismissed solely because the public school district is a government agency. Government agencies can be sued in civil cases, but they may have certain immunities or procedural differences depending on the jurisdiction.

3. The lawsuit will not be automatically dismissed because of the jurisdiction's inability to handle breach of contract cases related to COVID-19. Courts can handle breach of contract cases related to the pandemic, but the specific circumstances and relevant contractual provisions will be considered.

4. The statement that the lawsuit will be dismissed because the contractor could not complete the project is not accurate. The resolution of the claim would depend on the specific details of the contract, any applicable terms or conditions, and whether the termination of the contract was justified or considered a breach.

It's important to note that specific legal advice should be sought from a qualified attorney for an accurate assessment of the situation, as legal outcomes can vary based on jurisdiction and the details of the case.