A contract is at the base of nearly all construction projects. It serves as protection that the project will be completed, as well as the assurance that payment will be made for the service that is provided.

Unfortunately, there are times when a project may not be completed as originally laid out. This could be due to a number of different circumstances. Regardless of the reason, though, this will oftentimes lead to construction litigation.

When this occurs, each of the parties to the contract will have an argument to either support or to defend their case. In doing so, there are generally some common defenses that will come up during these particular types of proceedings, including:

  • Impossibility of Performance – Impossibility of Performance means that the project could not be completed due to unforeseen circumstances that came up during the course of the project. Some of these defenses may include death or incapacitation, or the inability to perform contractual obligations due to legal reasons.
  • Substantial Completion – Substantial completion, also known as substantial performance, is oftentimes used when the contract was so close to being completed that it would be unreasonable for the contractor not to receive payment in full, pending any damages incurred for non-performance. However, there are certain criteria that need to be present for this defense to be accepted such as per percentage of completion of the project as versus what was promised in the contract, the use of the product to the owner in regards to the project completion, and / or the effect of the non-performance.
  • Unilateral or Mutual Mistakes – In some instances, the contract will be deemed as invalid by a court of law because of a mistake that is made by one or both of the parties.


Working with a Florida law firm that is experienced in Construction Breach of Contract Litigation can help to get you the answers that you need. Give us a call today, we can help.