Contracts :  Construction Contract –  Wrongful Termination

Where in a contract dispute arising from delays in a government construction project the general contractor sued a subcontractor for breach of contract and the subcontractor counterclaimed for wrongful termination, the district court properly found that the subcontractor’s failure to pay supplies was not a material breach of contract, and the judgment for the subcontractor is affirmed because the general contractor committed the first material breach of contract by threatening to assess delay-related damages without justification, and the general contractor breached the contract by terminating performance, and the damages award was supported by the evidence.

Judgment is affirmed.

Randy Kinder Excavating, Inc. v. Tricon Precast, Ltd. (MLW No. 71976/Case No. 17-2886 – 14 pages) (U.S. Court of Appeals, 8^th Circuit, Shepherd, J.) Appealed from U.S. District Court,  Eastern District of Arkansas, Moody Jr., J. (Matthew Wayne Willis, Dyersburg, Tennessee, argued for appellant) (Robert L. Magrini, Oklahoma City, Oklahoma, argued for appellee; Evan B. Gatewood appeared on the brief).

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