An owner makes a progress payment to the contractor one day later than originally called for by the contract. What is likely the outcome if the contractor abandons the job?

The situation described pertains to the terms of a contract that likely delineate specific timelines for payments and the contractor's obligations. If an owner makes a progress payment one day later than specified, this can be seen as a breach of contract on the owner's part. However, it is important to consider the nature of the breach.

When a breach is considered material, it means that it is significant enough to undermine the contract's purpose and the expectations of the parties involved. In this case, if the contractor abandons the job due to the owner's one-day delay in making the payment, it demonstrates that the contractor is interpreting the delay as a substantial failure that justifies their decision to cease work.

In contract law, abandonment by the contractor as a reaction to a late payment could indeed be viewed as a manner of material breach, particularly if the contractor relied on receiving timely payments to fulfill their performance obligations. This reaction indicates that a key aspect of the contract—the flow of funds in exchange for work—was disrupted, leading to an inability for the contractor to continue.

It is important to recognize that this understanding hinges on the specific details of the contract in question and how it addresses breaches and remedies, but the abandonment in light of a delay does position the contractor's