Section 12.7 Hindrance by Owner
| Library | Construction Law 2016 Supp |
b. (§12.7) Hindrance by Owner
On the other hand, when the owner prevents or hinders the contractor’s performance within the time specified by the contract, the delay is excused. This is because, as a cardinal principle of contract law, an implied provision of every contract is that neither party will do anything to prevent performance by the other or permit any act that will hinder or delay performance. Peter Kiewit Sons’ Co. v. Summit Constr. Co., 422 F.2d 242 (8th Cir. 1969); Ark Constr. Co. v. City of...
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