Almost Nothing Is Impossible

Possible Impossible Buttons

The doctrines of impossibility and impracticability, if proven, can serve as powerful defenses and excuse performance of a construction contract.

October 30, 2018
Brian N. Krulick - Smith Currie

In today’s ever-changing legal and political climate, contractors are being forced to deal with events and circumstances that seemed improbable just a short time ago. These changing circumstances have led some contractors to question whether they are required to continue performing in the face of uncertainty and, in many cases, potentially large losses. The doctrines of impossibility and impracticability, if proven, can serve as powerful defenses and excuse performance of a construction contract. However, contractors should exercise great caution before relying on these defenses as an excuse for nonperformance, as the consequences of stopping work without proper justification can be disastrous.

Mr. Krulick may be contacted at bnkrulick@smithcurrie.com



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