Breach Of Contract: Non-Material
A breach of contract happens when one party is unable to perform the duties they agreed upon in a law-binding contract. A contract can be breached by just one of the parties, or by all of the parties. There can be legal consequences for the breaching party, and we recommend contacting your Lakeland construction lawyer if you are facing a breach of contract, whether by you or the other party. A breach of contract can either be material or non-material, depending on the nature of the breach. In this article, we will be discussing non-material breaches.
What is a Non-Material Breach of Contract?
A non-material breach of contract is typically referred to as a minor breach. It tends to occur when a party has failed to finish a less serious part of the contract. With non-material breaches, the contract can still be completed even with the breach, making the non-breaching party still obligated to finish their duties. If the breach takes the parties to court, the judge will need to take a closer look to determine if it’s non-material. A judge will check to see:
- How much of the contract fulfillments the non-breaching party has already gotten
- The extent of what the breaching party has already performed
- How much the innocent party can be reimbursed
- How hard it would be on the breaching party if the breach was treated as material and the innocent party did not need to fulfill their end of the contract
An Example of a Non-Material Breach
As Lakeland construction attorneys, we understand that an example of a non-material breach can be something as simple as using a different colored material. For example, if a homeowner contracts a construction group to install black colored wires but they install red colored wires instead, which perform just as well and aren’t visible after installation because they are sealed behind a wall. This is considered a breach, but a non-material breach because the overall outcome of the project is the same.
Are There Legal Consequences of Non-Material Breaches?
Even though non-material breaches are considered minor, at times there can still be legal consequences. With a non-material breach, the non-breaching party may sue for any damages caused by the breach.
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.