enXco Development Corporation v. Northern States Power Company
United States Court of Appeals for the Eighth Circuit
758 F.3d 940 (2014)
EnXco (plaintiff) had 29 months to obtain a Certificate of Site Compatibility (CSC) by a contractual "Long-Stop" deadline as a condition precedent to a wind-energy construction agreement with Northern States Power (NSP) (defendant), but failed to do so, citing temporary delays from a snowstorm, a hearing-location error, and state notice requirements; NSP terminated the contracts, and the district court granted NSP summary judgment, finding EnXco retained all its project assets and NSP received none, refuting any claimed forfeiture.
Whether a party to a contract may use the defense of temporary impracticability to excuse the performance of a condition precedent if the party's own inaction caused the non-performance.