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Materiality Breach of Contract Construction Contracts

Bradley Arant Boult Cummings LLP

Substantial Performance v. Material Breach

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...more

Bradley Arant Boult Cummings LLP

Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

Bowditch & Dewey

Banker & Tradesman publishes, "SJC Ruling Brings Law in Line With Industry Practices"

Bowditch & Dewey on

Since at least 1940, parties to construction contracts have been held to high standard of showing “complete and strict performance of all [of the construction contract’s] terms.” This has historically turned otherwise...more

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