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Subcontractor breached fixed-price contract by abandoning project for non-payment; claims for extras largely dismissed.
The plaintiff structural steel subcontractor registered a construction lien and sued the general contractor and the owner for unpaid invoices and extras on a fixed-price contract.
The subcontractor had abandoned the project prior to completion due to non-payment.
The court found that the subcontractor breached the contract by walking away, as progress payments for the final phase were not yet due.
The subcontractor's claims for extras were largely dismissed because they were not approved in advance and lacked independent proof of value.
The owner's counterclaim for delay and inspection costs was partially allowed, while the general contractor's counterclaim was dismissed for lack of evidence.
The subcontractor and general contractor were found jointly and severally liable to the owner for delay and inspection costs, setting off the small amount allowed for one extra.
