Roberts Contracting Co. v. Valentine-Wooten Road Public Facility Board
Arkansas Court of Appeals
320 S.W.3d 1 (Ark. Ct. App. 2009)
Valentine-Wooten Road Public Facility Board (VWR) (defendant) hired Roberts Contracting Co. (Roberts) (plaintiff) to build a sewer system, but delays from easement problems, weather, and an unrelated contract dispute pushed completion more than a year past schedule, and Roberts eventually walked off the job with the system still non-functional despite having been paid throughout. VWR refused to pay Roberts's final bill in full, and Roberts sued; the trial court found Roberts had not substantially performed and ruled for VWR, prompting Roberts's appeal.
Whether a party who fails to perform an essential term or condition that substantially defeats the contract's purpose for the other party can be deemed to have substantially performed.