J. David Pugh, Ian P. Faria and Amandeep S. Kahlon | Buildsmart In most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it… Continue reading Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
Tag: Breach of Contract
The Impact of COVID-19 on the Construction Industry: Planning for the Inevitable
Neil Keenan, William Abramovicz and Matthew Bedan | Forensic Risk Alliance The COVID-19 pandemic continues to impact all facets of the global economy, disrupting supply chains and work forces, and straining contractual relationships between businesses. These issues are especially important in the construction industry, which traditionally relies on precise schedules of workers and material, and… Continue reading The Impact of COVID-19 on the Construction Industry: Planning for the Inevitable
Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
John J. Gazzola | ConsensusDocs Skanska USA Bldg., Inc. v. J.D. Long Masonry, Inc., No. SAG-16-933, 2019 BL 336852, 2019 US Dist Lexis 152787 (D. Md. Sept. 9, 2019) This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry… Continue reading Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results
Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Sometimes a Reminder is in Order. . .
Christopher G. Hill | Construction Law Musings | November 18, 2019 Recently, I was talking with my friend Matt Hundley about a recent case he had in the Charlottesville, VA Circuit Court. It was a relatively straightforward (or so he and I would have thought) breach of contract matter involving a fixed price contract between his (and… Continue reading Sometimes a Reminder is in Order. . .