Changing the facts slightly can make material an otherwise immaterial breach.
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. Damages are recoverable regardless of whether the breach is material. But in addition to recovering damages, a material breach gives the non-breaching party the option to either stop their performance and terminate the contract or continue to perform the contract.
Agenda
Faculty
Scott D. Cahalan
Smith, Gambrell & Russell, LLP
- Partner in the construction law and international arbitration sections of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
- Part-time instructor of Construction and Development Law at the Georgia Institute of Technology
- General counsel to the Georgia Utility Contractor’s Association
- Worked as an engineer for an ENR® top 50 general contractor
- Drafted form contracts for the Associated Owners and Developers, a national association
- Recognized by Chambers USA, The Best Lawyers in America, and Georgia Super Lawyers
- Frequent author and lecturer on construction law
- Member of the State Bar of Georgia, Northern District of Georgia, and 11th Circuit Court of Appeals
- J.D., cum laude, from University of Georgia; B.S. in construction engineering from Iowa State University
- Can be contacted at [email protected], [email protected], and (404) 815-3711
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