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QUESTION

Frank and Clair Barbosa entered into a contract with EMCA Pool Company to perform maintenance on the inground pool at their home. The cost of the maintenance was $3,500. While EMCA was doing the work,

Frank and Clair Barbosa entered into a contract with EMCA Pool Company to perform maintenance on the

inground pool at their home. The cost of the maintenance was $3,500. While EMCA was doing the work, they

noticed a crack in the surface of the pool. They spoke with Frank and Clair and told them they could fix the

issue and that it would cost an additional $1,000. The Barbosas agreed to pay the money and EMCA

indicated that the repair would not delay the deadline for the maintenance that was already underway. EMCA

made the repair shortly before all of their other maintenance work was completed and the pool looked

beautiful. Frank asked if they needed to be concerned about any potential leaks related to the crack before

paying for the work that EMCA did. EMCA assured Frank that he should have no further issues. However,

EMCA was not sure what caused the crack or if it had been fully addressed. The Barbosas made payment in

the amount of $4,500. Two days later the Barbosas opened their pool for the season. Within a week, the pool

began to leak. The Barbosas immediately sued EMCA Pool Company. What is the outcome?

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