K & G CONSTR. CO. V. HARRIS
223 Md. 305, 164 A.2d 451 (1960)
NATURE OF THE CASE: This was an appeal from a decision awarding Harris (D) damages after
K&G (P) withheld an installment payment due to D after D's failure to perform a portion of
his work in a workmanlike manner.
FACTS: Harris (D) performed subcontract excavation work for K& G Construction (P). D was
required to obtain liability insurance to cover any damage caused by the work. The agreement
required P to make monthly progress payments on the submission of requisitions on the 25th
of each month. D promised to perform in a workman like manner and in accordance with the
best practices. One of D's employees allegedly was negligent in operating a bulldozer which
caused the collapse of a wall. The claim was given to D's insurer. D disclaimed all
liability. The damage from the accident was estimated at $3,400. P refused to make a
progress payment of $1,484.50. D worked for one more month and then stopped because of
nonpayment. P sued for damages for D's breach of contract and for damages done to the house.
D cross-complained for the payments due. P was awarded $3,400 and D recovered $2,824.50. P
appealed: P's duty to make progress payments was excused because they were dependent on D's
duty to perform in a workman like manner.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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