Imes Rock Services, Inc. agreed to work as a subcontractor on a sewer project, which Alves Paving, Inc. was the general contractor. For drilling and blasting a certain amount of rock, Imes Rock Services was to be paid $29 per cubic yard or a time-and-materials basis, whichever is less. From the beginning, Imes experienced problems. The primary obstacle was a heaving concentration of water, which according to the custom of the industry, Imes should have controlled but did not. Imes was compelled to use more costly and timeconsuming methods than anticipated, and it was unable to complete the work on time. Imes asked Alves to pay for the rest of the project on a time-andmaterials basis. Imes signed a modification of the original agreement. On completion of the work, Alves refused to pay Imes the balance due under the modification. Imes filed suit in a court against Alves.. This is a contract question that requires a complete answer. Good luck!

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