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Breach of Contract: Impossibility of Performance Part 1

In the construction industry, contracts are a part of every single construction project. Contracts are vital to contractors, subcontractors, sub-subcontractors, and suppliers because they serve as protection to guarantee that the project will be finished as intended and that payments will be made for any services or materials provided. However, even with the perfect contract, there will be situations with unforeseeable circumstances that can halt a project or cause it to go unfinished. This can lead to litigation or other legal issues. As Jacksonville construction attorneys, we know that there are some common themes that arise with breaches of contracts. In this article, we will discuss the contract breach that focuses on the impossibility of performance. To view the second half of this article, please visit Part 2.

The Impossibility of Performance

In most cases, when parties have entered into a mutual, valid contract, they must fulfill their end of the agreement or they can be liable for any damages when breaching the contract. However, in some cases, it can become impossible for one or both parties to perform their legal obligations, and they may be released from the contract. As Jacksonville construction lawyers, we know the importance of contractors being aware of contract breaches, and what they need to do in the case of impossibility of performance.

Definition of “Impossibility”

When it comes to impossibility of performance, there are two different meanings, as well as degrees of impossibility, that can be used in construction contract law.

Absolute Impossibility

Absolute impossibility is defined as the ordinary meaning that most people think of, i.e., it is physically impossible for a contractor to finish the agreed upon work.

Subjective Impossibility

Subjective impossibility, on the other hand, is closely aligned with impracticability. It can be very difficult, if not completely impossible, for the contractor to finish the work, but it is not completely impossible for someone else to finish it.

To schedule a consultation with a Jacksonville construction lawyer from Trent Cotney, P.A., please call us today at 904.425.5030 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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