David Adelstein | Florida Construction Legal Updates Remember this law (and I mean: remember this law!): “An essential element of a claim for breach of contract is the existence of a material breach of a contractual duty.” JD Development I, LLC v. ICS Contractors, LLC, 2022 WL 4587083, *3 (Fla. 2d DCA 2022) (citation and quotation… Continue reading For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty
Tag: Breach of Contract
Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part
Garret Murai | California Construction Law Blog While construction projects can get messy, they don’t get much messier than the next case, which, while involving a fairly limited legal issue, has such jaw dropping facts it’s worth a read if only to make you feel a bit better about your own project. The Clark Bros.… Continue reading Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part
More Reminders that the Specific Contract Terms Matter
Christopher G. Hill | Construction Law Musings If there is a theme I have pounded upon here at Construction Law Musings in the over 13 years of posting, it is that the specific terms of your construction contracts will make a huge difference. While there have been reminders galore, a case from the Eastern District of Virginia… Continue reading More Reminders that the Specific Contract Terms Matter
Where Breach of Contract and Tortious Interference Collide
Christopher G. Hill | Construction Law Musings Claims for breach of contract are numerous in the construction law world. Without these claims we construction attorneys would have a hard time keeping the doors open. A 2021 case examined a different sort of claim that could arise (though, “spoiler alert” did not in this case) during the course… Continue reading Where Breach of Contract and Tortious Interference Collide
Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Garret Murai | California Construction Law Blog Be careful what you wish for or, as in the next case, what you plead. In Vera v. REL-BC, LLC, Case Nos. A155807, A156823, and A159141 (June 30, 2021) 1st District Court of Appeal, a the buyer of a remodeled home who asserted breach of contract and fraud claims… Continue reading Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract