Material Breach and the Consequences of Being Wrong
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.
Partner in the construction law section of Smith, Gambrell and Russell, LLP, an AmLaw 200 firm
Part-time instructor of graduate courses in design and construction law and real estate development law at the Georgia Institute of Technology
General counsel to the Georgia Utility Contractor’s Association
Practice includes all aspects of design and construction law from drafting and negotiating prime contractors, subcontracts, and purchase orders to mediating, arbitrating, and litigating construction disputes
Drafted form construction contracts for the Associated Owners and Developers, a national organization
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. degree, with honors, University of Georgia; B.S. degree in construction engineering, Iowa State University