Practice point: When a party repudiates contractual duties prior to the time designated for performance and before all of the consideration has been fulfilled, the repudiation entitles the non-repudiating party to claim damages for total breach.
Application: Plaintiffs are entitled to summary judgment on their breach of contract claim because they proved as a matter of law that defendants repudiated the contract. The record establishes that defendants repudiated the contract by issuing a change order requesting additional payments followed by a threat to not return to the job unless plaintiffs agreed to pay the initial amount demanded, which threat was fulfilled when they abandoned the project. Defendants' largely conclusory allegations of plaintiffs' delays fail to raise material issues of fact sufficient to preclude a grant of summary judgment.
Ho vs. Star Contrs., Inc., NY Slip Op 05908 (1st Dep't October 13, 2026)
