Mar 31, 2016

Material Breach and the Consequences of Being Wrong

Authored by: Scott Cahalan and Darren Rowles It’s not uncommon for parties to a construction contract to exchange heated letters accusing each other of material breach of their contract.  Determining whether a breach occurred is easy compared to determining whether that breach was material. A breach is a failure to perform an express or implied obligation under a contract.  Whether that breach is material turns on the facts and circumstance surrounding the formation of the contract and is often a matter of degree.  For instance, a seller would breach a contract to sell a 1964 metallic mint green Buick Skylark… Read more