Legal Question in Construction Law in New York
breach of contract
In a breach of contract, is the non -breaching party relieved of his obligations under the contract by the other party's breach? The contract used was an AIA 107
2 Answers from Attorneys
Re: breach of contract
That's pretty much right--the nonbreaching party is generally relieved of his obligations. However, the nonbreaching party, while no longer required to fulfill his obligations, "may" in some instances, upon ceasing to perform, still have to afford the breaching party restitution--if, for instance, he's already received payments beyond the reasonable liquidated damages amount.
Re: breach of contract
You can never answer that question in a vaccum without facts and also a review of the contract terms concerning the parties respective rights and obligtions. You should consult with a construction attorney before you elect to suspend your performance.
Related Questions & Answers
-
E-mail does an e-mail constitute official notice to cure any deficiences Asked 6/18/07, 11:45 am in United States New York Construction Law
-
Subcontractors rights Who has the right to set terms of payment for services... Asked 6/16/07, 3:33 pm in United States New York Construction Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
