ZP No. 332, LLC v. Huffman Contractors, Inc., et al.

Summary

The United States District Court for the Eastern District of Virginia grants Plaintiff ZP No. 332, LLC's motion for summary judgment on the breach element of its contract claim against Huffman Contractors, Inc. The court finds that Huffman failed to substantially complete the construction project by the contractual deadline and did not establish a genuine dispute that ZP committed the first material breach. The remaining portions of the motion concerning claims against Travelers Casualty and Surety Company of America are denied as moot because those claims settled.

Holdings

1. Because the contract made time of the essence and Huffman undisputedly failed to substantially complete the project by December 6, 2022, ZP established the absence of a genuine dispute as to the breach element of its contract claim.
2. Huffman failed to raise a genuine dispute that ZP committed the first material breach, because its expert’s criticism of ZP’s contract administration did not establish a breach of a material contractual term and Huffman offered no evidence that any such breach preceded its own.

Questions Presented

1. Whether ZP was entitled to summary judgment on the breach element of its contract claim based on Huffman’s undisputed failure to substantially complete the project by the contractual deadline.
2. Whether Huffman raised a genuine dispute that ZP committed the first material breach, thereby precluding ZP from enforcing the contract.

Disposition

other