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One Party's Contract Breach Does Not Excuse The Other's

Monday, November 01, 2010 04:39 am

 

Contract Breach

Eco Built, Inc. v. Mark Lulfs d/b/a Paperhanger Plus, 2010 Tex. App. Lexis 6531 (Aug. 13, 2010)

A party's contract breach leaves you with two choices: End the affair, or forgive and continue the relationship.

Contractor Eco Built, Inc. (Eco Built) appealed a district court's award of damages to project manager Landmark Organization, L.P. (Landmark) for Eco Built's contract breach. The contractor claimed the court erred in disregarding jury findings that Landmark had also breached the contract and thereby damaged Eco Built.

Eco Built was hired to supply and install "eco-friendly" exterior walls on a City of Austin convention center hotel project for a total of $4 million. The wall system incorporated aerated autoclave concrete, which weighs less than ordinary concrete. Eco Built began work on the project, but several disputes arose almost immediately.

First, Eco Built had trouble securing a performance bond, as requ [...]

 
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