Randy Kinder Excavating, Inc. v. JA Manning Construction Co., No. 17-2886 (8th Cir. 2018)
Annotate this CaseKinder filed suit against Manning, alleging that Manning breached a contract to build a pumping station. The Eighth Circuit affirmed the district court's judgment in favor of Manning, holding that Kinder committed the first material breach of contract by threatening to assess delay-related damages without any justification, interfering with the relationship between Manning and EarthTec, and failing to provide adequate assurances that Manning would be paid for its work. The court also held that the district court correctly found that Kinder wrongfully terminated the contract and that evidence at trial supported the damage award.
Court Description: Shepherd, Author, with Arnold and Colloton, Circuit Judges] Civil case - Contracts. The district court did not err in determining that plaintiff committed the first material breach of the parties' contract when it threatened - without any justification - to assess delay-related damages, interfered with defendant's relationship with its subcontractor and failed to provide adequate assurance that defendant would be paid for its work; nor did the district court err in finding plaintiff wrongfully terminated the contract; evidence supported the district court's damage award.
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