Section 8.28 Termination for Commercial Frustration or Impracticality
| Library | Construction Law 2016 Supp |
D. (§8.28) Termination for Commercial Frustration or Impracticality
In Howard v. Nicholson, 556 S.W.2d 477 (Mo. App. E.D. 1977), the court applied the doctrine of commercial frustration in a case of first impression to excuse further performance by the owners after the proposed tenant for a building to be constructed filed bankruptcy. The owners were obligated to pay the contractor for the work to date, but they were not held liable for lost profits for canceling the contract. The contractor was aware of...
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