Breach of Contract Withholding

By Michael Vosilla
Senior Associate

Sometimes people wonder if they can withhold payment under a contract due to the other party’s breach of the contract. While that is possibly allowed depending on the nature of the breach, the circumstances leading up to it, and the ramifications thereof, not every breach permits such. As the Supreme Judicial Court required potential litigants earlier today in a published decision, refusal of performance (payment) by a non-breaching party will ordinarily require that the breach was “material.” To be “material”, the breach must involve an essential and inducing feature of the contract.

About the Author

Attorney Michael Vosilla is LaFountain & Wollman, P.C.’s Senior Associate, who currently resides in Brighton. As an immigration lawyer, Attorney Vosilla has secured green cards and citizenship for countless clients, and he is an active member of the American Immigration Lawyers Association (AILA).