LAW 600A Lecture Notes - Lecture 32: Counterclaim, Zula, Command Paper
Document Summary
The failure to perform a promise is a breach. In breach, whoever breached first is liable for damages. Note, failure to perform is not necessarily material breach. Plaintiff, a general contractor, contracted with defendant, a subcontractor, for earthworks. Plaintiff was to make monthly requisition payments to defendant on the 10th of the month after defendant had submitted requisition requests on the 25th of the previous month. Part of contract stated that defendant would supply earthworks in a workmanlike manner or defendant would breach contract. Defe(cid:374)da(cid:374)t"s (cid:271)ulldozer operator da(cid:373)ages a (cid:271)uildi(cid:374)g (cid:271)elo(cid:374)g to plai(cid:374)tiff a(cid:374)d, after filing for insurance coverage that is denied, refuses to pay plaintiff for damage. Plaintiff then refuses to make the next and all subsequent payments to defendant until defendant pays for damages. Plaintiff brings suit to 1) recover for damage to house and 2) the cost of hiring a new earthworks crew after defendant refused to perform work.
