May 3, 2004

SUPREME COURT REVERSES TRIAL COURT’S JUDGMENT AND MONETARY AWARD IN MATERIAL BREACH OF CONTRACT CASE

Supreme Court of Texas

The Supreme Court of Texas found that, because the contract stressed that time was of the essence, a contractor who was behind schedule materially breached the contract. However, no attempt was made to show that reprocurement costs were reasonable, and the court disallowed costs as well as attorneys' fees.

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