Hello Sir,
May you let me know an case law where the subcontractor were guilty for did not comply with the contract, please?.
Thank you for your help,
Yours faithfully,
Javier puñal.
1 reply
Dec 9, 2019
There's a seemingly endless amount of case law on breach of contract in the California construction industry, so I'm not sure I'd be able to provide any particular case that'd be especially helpful for you. Still, if you'd like to look at a few cases, this might be a good start: California Construction Breach of Contract | Google Scholar.
Ultimately, though, a breach has to be quite serious to constitute a material breach of contract. Usually, if there's some way to resolve the matter, courts prefer that the parties make it work rather than entitling one party to walk away.
But, here are some situations which might potentially give rise to a material breach (especially if more than one is present):
- Woefully inadequate work,
- Charging far more than the contract price or quote (without good reason),
- Failure to finish their work,
- Missing the project schedule by a wide margin, and
- Going awry of the project specifications.
For further discussion on breach of contract: Construction Contracts | A Deep Dive on Breach of Contract.