Material breach
A material breach is a serious violation of a contract that goes to the heart of the agreement, significantly undermining the contract's purpose or the benefits that one party was expected to receive. When a material breach occurs, it typically entitles the non-breaching party to specific legal remedies, including the right to terminate the contract and seek damages.
A minor breach (or non-material breach) is a breach that is less severe and does not fundamentally undermine the contract. The non-breaching party may still seek damages but cannot usually terminate the contract. For example, a minor delay that does not impact the overall project might be considered a non-material breach.
To constitute a material breach the breach must be substantial and not just a minor or trivial failure. It must affect the fundamental aspects of the contract, such as the quality of work, time of completion, or adherence to specified standards. The breach should deprive the non-breaching party of the primary benefits or purpose of the contract. For example, if a contractor fails to meet critical safety standards, it could be considered a material breach because it significantly impacts the project's viability.
A material breach allows the non-breaching party to choose to end the contract, claiming that the breach is so severe that continuing the relationship is untenable. The non-breaching party can seek compensation for losses incurred due to the breach.They might also have the right to suspend their obligations under the contract until the breach is remedied.
Examples of a material breach might include:
- If a contractor fails to meet a key project deadline, leading to significant delays, this might be a material breach, especially if time is of the essence in the contract.
- If a contractor or subcontractor delivers work that does not meet the agreed specifications or industry standards, it could be seen as a material breach, particularly if it compromises the safety or functionality of the construction.
- If a contractor abandons the project without just cause, this would generally be considered a material breach, as it prevents the project from being completed as planned.
- If an employer fails to make critical payments, this could be seen as a material breach, especially if it jeopardises the contractor's ability to continue working.
Whether a breach is considered "material" can be subject to interpretation and often depends on the specific terms of the contract and the circumstances. Courts will look at factors such as the nature of the breach, the consequences, and the intentions of the parties involved.
[edit] Related articles on Designing Buildings
Featured articles and news
A case study and a warning to would-be developers
Creating four dwellings... after half a century of doing this job, why, oh why, is it so difficult?
Reform of the fire engineering profession
Fire Engineers Advisory Panel: Authoritative Statement, reactions and next steps.
Restoration and renewal of the Palace of Westminster
A complex project of cultural significance from full decant to EMI, opportunities and a potential a way forward.
Apprenticeships and the responsibility we share
Perspectives from the CIOB President as National Apprentice Week comes to a close.
The first line of defence against rain, wind and snow.
Building Safety recap January, 2026
What we missed at the end of last year, and at the start of this...
National Apprenticeship Week 2026, 9-15 Feb
Shining a light on the positive impacts for businesses, their apprentices and the wider economy alike.
Applications and benefits of acoustic flooring
From commercial to retail.
From solid to sprung and ribbed to raised.
Strengthening industry collaboration in Hong Kong
Hong Kong Institute of Construction and The Chartered Institute of Building sign Memorandum of Understanding.
A detailed description from the experts at Cornish Lime.
IHBC planning for growth with corporate plan development
Grow with the Institute by volunteering and CP25 consultation.
Connecting ambition and action for designers and specifiers.
Electrical skills gap deepens as apprenticeship starts fall despite surging demand says ECA.
Built environment bodies deepen joint action on EDI
B.E.Inclusive initiative agree next phase of joint equity, diversity and inclusion (EDI) action plan.
Recognising culture as key to sustainable economic growth
Creative UK Provocation paper: Culture as Growth Infrastructure.





















