Grenier v. Compratt Construction Co.
Supreme Court of Connecticut
454 A.2d 1289 (Conn. 1983)
The Greniers (plaintiffs) contracted with Compratt Construction (defendant) to perform blasting work for $25,500, with payment conditioned on obtaining a letter from the city engineer certifying that certificates of occupancy could be issued, and a liquidated-damages clause for late performance; though the Greniers completed the blasting on time, the city engineer refused as a matter of practice to write such letters, and the Greniers instead obtained a letter from the assistant city attorney authorizing certificate issuance about ten days after the deadline. The Greniers sued for the full contract price, Compratt counterclaimed to enforce the liquidated-damages clause, and the trial court awarded the Greniers the contract price minus damages for the ten-day delay, which Compratt appealed.
Whether a contractual condition requiring a specific official's certifying letter may be excused as impracticable when that official refuses to provide such letters, if the letter itself is not a material part of the parties' bargain.