Category Archives: Breach of Contract
CORONAVIRUS (COVID-19) AND FORCE MAJEURE
While the Coronavirus pandemic has undoubtedly upended all aspects of life, the construction industry in particular has been hard hit. With governmental regulations continually being updated, many construction companies have found their ability to continue working severely restricted or have had their projects completely shuttered.. Looking forward to the day that construction is once again… Read More »
VIOLATION OF NEW YORK LABOR LAW RESULTS IN FORFEITURE OF SUBCONTRACT PAYMENTS FOR COMPLETED WORK
A recent case from the Second Department Appellate Division held that a subcontractor forfeited its right to be paid under its subcontract after it had willfully violated provisions of the New York Labor Law, even though the subcontractor had fully completed its subcontract work. In Alpha Interiors, Inc. v. Tulger Construction Corp., Alpha Interiors… Read More »
Be Careful What You Say – A Cautionary Tale of Anticipatory Repudiation
Anticipatory repudiation refers to a situation when one party to a construction contract refuses to perform some aspect of the agreement before the time for performance is due. The non-repudiating party then has the option of treating the agreement as breached and is entitled to damages. In other words, if a General Contractor determines that… Read More »
Opportunity to Cure
The decision to terminate a subcontractor is difficult one and can lead to disaster if not done correctly. Before ultimately making the decision to terminate, the non-performing contractor must be given an opportunity to cure its breach. The opportunity to cure a breach of contract is a well established and fundamental right, routinely recognized by… Read More »