K & G Construction Co. v. Harris case brief

K & G Construction Co. v. Harris case brief summary
164 A.2d 451 (1960)

CASE SYNOPSIS

Appeal from a decision of the Circuit Court for Prince George's County (Maryland) awarding appellee subcontractor damages after appellant subcontractor withheld an installment payment due to appellee after appellee's failure to perform a portion of his work in a workmanlike manner.

CASE FACTS
Subcontractor appellees damaged a wall in the course of their performance of a subcontract, and appellant contractor withheld partial payment as damages. The lower court awarded damages to appellees

DISCUSSION

• The reviewing court reversed, holding that the failure of appellee's performance to constitute substantial performance could justify the appellant in refusing to make a progress payment. 
• If the refusal to pay an installment was justified on the appellant's part, the appellee was not justified in abandoning work by reason of that refusal. 
• His abandonment of the work would render him liable to the appellant for his increased cost since the further breach would itself be a wrongful repudiation that went to the essence, even if the defects in performance did not.

CONCLUSION
Judgment reversed and entered in favor of appellant because appellee's abandonment of the work was a breach that would render him liable to appellant for damages even if the original defects in performance did not.

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