Topic
Substantial Performance
11 published works
Florida Construction Legal Updates
DOCTRINE OF SUBSTANTIAL PERFORMANCE WHEN IT COMES TO PAYMENT
A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s…
BuildSmart
Substantial Performance v. Material Breach
All breaches are not created equal. A minor, technical breach may be deemed "immaterial." Other breaches – so-called "material" breaches -- deprive the non-breaching party of something important or essential to…
Louisiana Law Blog
The Doctrine of Substantial Performance – Close Only Counts in Horseshoes, Hand Grenades, Atomic Warfare and Construction?
In humanity’s never-ending quest for perfection, being close to perfect is still failure. If you grew up playing sports you undoubtedly heard a grizzled coach disgustedly say, “[c]lose only counts…
ContractsProf Blog
KCON9: First Saturday Morning Session
I had the pleasure of chairing a panel populated by four young scholars all writing on Behavior, Bargaining, Incentives and Contract.Kenneth Ching went first with his paper on Justice and Harsh…
ContractsProf Blog
CA fires contractor, providing a helpful breach of K scenario
The LA Times reports that the state of California has terminated its contract with SAP Public Services, a contractor that was supposed to fix the state's outdated computer network system that handles…
ContractsProf Blog
Professor DeAngelis on Substantial Performance
We have already posted links to Professor Mark DeAngelis's "Law Lessongs" on Raffles v. Wichelhaus and the UCC's Battle of the Forms (2-207). Today we have raided his YouTube site for this…
ContractsProf Blog
Is the Substantial Performance Doctrine Rendered Quaint by Statute?
I can't imagine not teaching Jacob & Youngs v. Kent, a Limerickworthy case if ever there was one. Still, I'm happy that the Supreme Court of Connecticut has rejected a…
ContractsProf Blog
Today in History: Substantial Performance
On this date, January 25, 1921, the New York Court of Appeals decides, on a 4-3 vote, the case of Jacob & Youngs v. Kent, 230 N.Y. 239, 129 N.E.…
ContractsProf Blog
Cases: Substantial Performance
A contractor who deliberately used cheaper rock in creating a driveway and put it in the wrong place was nevertheless entitled to recover under the doctrine of substantial performance, according…
ContractsProf Blog
Express Conditions Precedent in the Context of Substantial Performance
Does the doctrine of substantial performance excuse a contractor’s failure to comply with an express condition precedent to final payment that is unrelated to completion of the building? An appellate…