Pan, the owner of an apartment building, entered into a written contract with Bucci, a paving contractor whereby Bucci was to install asphalt paving on the parking lot of the building. When Bucci finished the job, Pan gave Bucci a check for $6,500 and a promissory note for $7,593 with interest at 10 percent due six months from its date. When the note came due, Pan refused to pay it. Bucci brought suit to collect the note, and Pan claimed that there had been a failure of consideration because the asphalt was defectively installed.

1. Can Pan assert this defense against Bucci? Support your answer with other examples from further research.

2. Evaluate the options available to Bucci?