Section 8.27 Termination for Material Breach

• Library: Construction Law 2016 Supp

C. (§8.27) Termination for Material Breach

A party to a construction contract may cease performance under the contract in the event of a material breach of the contract. Vill. of Cairo, Mo. v. Bodine Contracting Co., 685 S.W.2d 253 (Mo. App. W.D. 1985). An intentional or negligent failure to perform constitutes a material breach unless the failure has been de minimis. Cross v. Robinson, 281 S.W.2d 22 (Mo. App. W.D. 1955). A contractor is excused from performing its contractual obligations if its performance is rendered impossible by an act of the owner. Statler Mfg., Inc. v. Brown, 691 S.W.2d 445 (Mo. App. S.D. 1985). The owner has an implied duty not to prevent or hinder the contractor’s performance under the contract. Ark...