Triple B Services sued Classic Contractors for payment on a lift station construction project. The owner (Classic) failed to provide adequate approved plans and specifications, which delayed the work. The court ruled this was a material breach by the owner that excused Triple B from meeting strict deadlines. Triple B won full payment of retainage plus attorney's fees, and the surety bond was held liable for more than its face amount.
If an owner fails to provide complete, approved plans on time, you may be excused from liquidated damages penalties—document all delays caused by missing or inadequate plans
You can recover full retainage and attorney's fees when an owner materially breaches by not supplying necessary contract documents
Surety bonds can be held liable beyond their face amount in breach of contract cases, so ensure your bonding company understands project risks