12. When an occurrence or event makes performance temporarily impossible,
ANALYZE: CASE PROBLEM BLUEPRINT 14.1
1. Material Breach
The Northeast Independent School District in Bexar County, Texas, hired STR Constructors,
Ltd., to renovate a middle school. STR subcontracted the tile work in the school’s kitchen to
Newman Tile, Inc. (NTI). The project had already fallen behind schedule. As a result, STR
allowed other workers to walk over and damage the newly installed tile before it had cured,
forcing NTI to constantly redo its work. Despite NTI’s requests for payment, STR remitted only
half the amount due under their contract. When the school district refused to accept the kitchen,
including the tile work, STR told NTI to quickly make the repairs. A week later, STR terminated
their contract. Did STR breach the contract with NTI?
2. If a party enters a contract, what is the most common way for that party to discharge its duties
3. A breach of contract occurs when there is
of a contractual duty?
6. If the performance is less than substantial, is there a breach?
7. If performance is less than substantial, it is