Breach of construction contract claims

| Mar 17, 2021 | Construction Law |

Construction projects involving the establishment, renovation, and remodeling of buildings can be a huge undertaking. Project owners, designers, contractors, subcontractors, and other parties are often involved in various aspects of the project and therefore, multiple contracts may be required. Generally, a construction contract provides details about the project, including:

  • Names of parties involved
  • Project deadlines
  • Scope of work to be performed
  • Materials to be used
  • Costs

When the terms of a construction contract are not adhered to by one or both parties, a breach of contract has occurred. Sometimes, an aggrieved party may decide to file a breach of contract claim to recover compensation for any damages. An attorney specializing in construction law can assist you with your claim.

Material vs. non-material breach

Even the slightest deviation from the contract is technically considered a breach of contract. However, not all breaches of contract warrant a lawsuit. Most successful breach of contract claims involve at least one material breach of contract.

A material breach of contract is a substantial failure to perform under the terms of the contract. A material breach allows the non-breaching party to stop performance or terminate the contract and seek compensation. A material breach may involve:

  • Defective workmanship
  • Defective materials or use of less durable/reliable materials
  • Substantial delays in performance
  • Failure to complete project/abandonment of project

A non-material breach of contract is essentially a minor breach that does not relate to the heart of the contract, and therefore does not excuse the non-breaching party from performance. For example, if a contractor installed wiring that was a different color than the color specified in the contract, that would be a non-material breach, as it is has no significant impact on the overall project.

Breaching a construction contract can have a significant impact on all parties involved. An attorney in the Boca Raton area can help handle your breach of contract dispute.