Section 8.29 Termination for Nonpayment

• Library: Construction Law 2016 Supp

E. (§8.29) Termination for Nonpayment

In Hart & Son Hauling, Inc. v. MacHaffie, 706 S.W.2d 586 (Mo. App. E.D. 1986), the court addressed the issue of the rights of a contractor upon the owner’s failure to make timely progress payments. The MacHaffie court held that the contractor was entitled to suspend performance and await either assurance of payment or actual payment before proceeding with the work.

Courts may consider the amount of the payment withheld in determining whether the contractor has the...