John Mark Goodman | BuildSmart All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of the contract. Whether a breach is material or immaterial is normally a question for the finder of… Continue reading Substantial Performance v. Material Breach
Tag: Material Breach of Contract
Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material Breach
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
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract