Photo of J. David Pugh

David Pugh represents owners, general contractors, subcontractors, engineers, architects, insurance companies and sureties throughout the United States. He advises clients at every stage of a construction project: conception, planning, performance and closeout. David drafts and negotiates contracts for several large scale projects, and he participates in trials, hearings, appellate arguments, mediations and arbitrations in Alabama, Georgia, Florida, Mississippi, New Jersey, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas and Mexico, among others.

Prior Material Breach May Excuse Performance, but the Factfinder Must Agree It Was a Material BreachIn most jurisdictions, a party may be excused from any future performance under a contract by the prior material breach of the other party. A “prior material breach” is typically defined as conduct that deprives the injured party of the benefit that it reasonably could have anticipated from the breaching party’s full performance. This excuse