The plaintiff construction management company sued the defendant property owner for wrongful termination of a pre-construction and construction services contract.
The defendant argued the termination was justified because the plaintiff repudiated the contract by failing to perform core duties, meet the target budget, and meet the completion date.
The court found that the plaintiff continued to perform its duties, the budget and timeline delays were caused by design and permitting issues outside the plaintiff's control, and the plaintiff did not repudiate the contract.
The court held the defendant terminated the contract without justification and awarded the plaintiff $281,345.52 in damages for lost profits and outstanding invoices, subject to the contractual interest rate.
