Turner Const. Co. v. US Framing Inc.

Turner Construction Co. (Turner) (plaintiff) was hired by Shelter Cove L.L.C. as a general contractor for a construction project involving an apartment complex. Turner hired US Framing Inc. (defendant) as a subcontractor. After becoming concerned about delays and US Framing’s lack of communication, Turner’s project manager, Jason Perillo, sent an email to US Framing’s vice president. The email notified US Framing that Turner was calling in the bond that was used to secure the purchase of lumber for the job and that Turner would be seeking pricing from other framing companies. Perillo asserted that he spoke with US Framing’s president later that day and that US Framing confirmed it would perform under the contract. Two days later, US Framing sent Turner a letter stating that it considered Perillo’s email to be a termination of the contract. Turner responded in a letter stating that Perillo’s email was not a termination of the contract and that it expected US Framing to perform under the contract. US Framing did not respond or carry out its duties under the contract. Turner then sent notice of its termination of the contract. Turner filed suit for breach of contract, and US Framing counterclaimed, alleging that Perillo’s email constituted a breach of contract. Both parties filed motions for summary judgment. US Framing argued that Perillo’s email was a repudiation of the contract and that US Framing was entitled to treat it as an anticipatory breach. Turner argued that Perillo’s email was not a repudiation and that even if it was construed as a repudiation, the repudiation was retracted.