Joe contracted to excavate and install a swimming pool in Barney's back yard for $20,000. Halfway through Joe found solid rock just eight feet below the surface. Joe had not known about the bedrock and digging a hole for a pool out of the rock would naturally increase Joe's costs tremendously. Joe explained this problem to Barney and asked Barney to pay another 5,000 for the job. Barney agreed to this as he was anxious to use the pool because temperatures were already hitting 85 degrees F. Joe finished the pool but Barney refused to pay any more than the original $20,000.
1. Could Joe require Barney to pay the additional $5,000? Articulate answers for both parties' positions (homeowner vs. contractor and vice versa).
2. Assume contractor had not installed any pools in any of the neighbors' yards but is experienced. Discuss whether it is relevant whether contractor had put in pools (below ground level) in the area close to Barney Rubbles property.