Certain contracts must be in writing

Adam Keilen Construction Law

Generally, verbal contracts are enforceable, although they are very difficult and expensive to prove. Thus, contracts should always be committed to writing. However, although verbal contracts are valid, some contracts must be in writing to be enforceable. States vary in their interpretation, but under the Restatement (Second) of Contracts § 110, certain classes of contracts require a written memorandum or …

When does the law excuse complete performance of a contract?

Adam Keilen Construction Law

Generally, a contract is a promise, and a basic principle of contract law states that “promises ought to be kept.” For example, Al executes a contract with Bill, thereby Bill promises to paint Al’s house on Monday. Thus, Al pays Bill to paint the house on Monday. Neither party may break their promise or ignore their responsibilities. However, there are …

What is a material breach?

Adam Keilen Construction Law

A breach of contract occurs when one party fails to perform, resulting in legal consequences for the breaching party. Oftentimes, we hear the words, “material breach.” A material breach is nonperformance that reaches to the heart of the agreement, the underlying purpose of the contract. Generally, the legal test to determine whether there was a material breach is whether the …

Contract Interpretation

Adam Keilen Construction Law

Contract Law. The most basic principle in contract law is simple, “a contract is a promise, and promises ought to be kept.”  Contract Interpretation. Contract interpretation often controls the outcome of a lawsuit. Ambiguous contracts can be unpredictable in court. However, when contracts are clear and fully integrated, interpretation of the contract is a question of law, meaning it will be decided …