Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 19

MH Metropolitan (MH) hired Weitz Co. LLC (Weitz) to construct a multibuilding apartment complex. The construction became delayed. MH withheld two payments to Weitz, which then stopped construction. MH terminated Weitz for cause and completed the project without it. Weitz sued for the unpaid amount of the contract. The evidence at trial was that Weitz failed to provide proper lien waivers, allowed liens to be filed against the job, falsified a pay application, caused substantial delays, and did poor quality construction. It could not properly prepare, update, or follow its schedules, which contributed to delay. To recover, Weitz had to have substantially performed the contract. Had it?