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Construction law. Breach of contract defenses for contractors 

On Behalf of | Sep 13, 2021 | Construction Law |

Contractors in the Austin region of Texas rely on contracts to ensure their protection throughout a construction project. Unfortunately, a dispute can still arise despite a clear contract. Some common allegations of contractor breaches include:

  • Not following building specifications or blueprints
  • Use of substandard construction materials
  • The presence of construction defects
  • Excessive or unexplained increases in construction project costs
  • Missing critical deadlines

Those who work in the Texas construction industry must prepare for the possibility of a breach of contract lawsuit. Advance preparation can help you avoid litigation before it has a chance to arise.

Are there any defenses against breach of contract?

There are several defenses worth exploring in a breach of contract lawsuit. There are three listed examples below for you to consider:

  • Acts of God: With this defense, you may show that an event outside your control (storms, flooding, etc.) caused the problem. However, you must present evidence proving that you could not foresee nor prevent the issue in question.
  • Economic Duress: If another party to your construction contract threatens to sue you unless you agree to new contractual demands, you may qualify for an economic duress defense. The main requirement in using this defense successfully is proving that the other party committed a wrongful act to acquire your compliance.
  • Frustration of Purpose: This defense can help in cases where the contractor could not fulfill a contract. For example, say you signed a contract to renovate an office in a commercial building. A fire occurs, making it impossible for you to work on the renovation under the timetable spelled out in your contract.

The bottom line is that you have options to explore in defending your contracting business against a breach of contract. Learning more about contract and construction law can also help you acquire a favorable outcome.


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