Argee Corp. hired Solis as a subcontractor for steel and concrete work on three Texas prison projects. Argee failed to pay Solis on time, forcing Solis to abandon two projects. The court ruled that because Argee breached the payment obligation first, Solis was excused from following strict procedural requirements in the contract (like formal change order procedures) and could recover damages. This means a contractor cannot hide behind contract technicalities when they're the one who broke the deal.
If your general contractor fails to pay you on time, you may be excused from following strict procedural deadlines in the contract—don't let them use technicalities against you after they breach.
Document all non-payment issues and your attempts to continue work despite lack of payment; this evidence supports your claim that the GC's breach forced you to stop.
A breaching party loses the right to enforce procedural requirements for claims and change orders—focus on proving the GC's payment failure, not on whether you followed every procedural step.