Identify the actual obligation
The starting point is the specific language governing payment, scope, schedule, quality or performance.
Construction contractsConstruction Law Insights / Contract obligations & remedies
What Happens When a Construction Contract Is Breached?
An overview of contractual breach allegations, practical evidence and possible responses.
The Short Answer
What you should know first.
A construction contract breach occurs when a party fails to meet an enforceable contractual obligation without a legally sufficient excuse. The effect depends on the provision, seriousness of the failure, notice requirements and proof of resulting harm.
Key Considerations
Important factors to evaluate.
The relevant contract terms, records and law help determine how these questions apply to a particular construction project.
Determine the claimed failure
Not every disagreement constitutes a material breach. The contract and facts govern whether and how the obligation was violated.
Breach of contract servicesReview notice and cure
Some agreements require written notice or an opportunity to remedy a default before further action.
Contractor disputesEvaluate remedies
Options may include negotiated resolution, damages claims, termination or dispute proceedings depending on the circumstances.
Construction litigationA Practical Starting Point
Organize the facts before deciding on next steps.
Construction disputes can involve short notice periods and overlapping obligations. A clear set of records helps make any review more productive.
Collect the executed agreement and amendments.
Identify the clause and event giving rise to the concern.
Preserve project communications, schedules and cost records.
Review notice, cure and dispute-resolution requirements.
Frequently Asked Questions
Common follow-up questions.
Is any missed deadline automatically a breach?
No. The terms, extensions, excuses and materiality of the delay may matter.
Can both parties allege breach?
Yes. Construction disputes may involve competing allegations about payment and performance.
Can a breached contract be resolved without trial?
Often parties consider negotiation, mediation or arbitration, subject to the agreement and circumstances.
Need guidance on a construction matter?
Each project and agreement is different. Contact AW Construction Law to discuss the circumstances, relevant documents and possible next steps.