Breach of written contract in Pennsylvania

Elements

1. 1

   Valid contract

   Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.

2. 2

   Performance or excuse

   The plaintiff performed, tendered performance, or was excused.

3. 3

   Breach

   The defendant failed to do what the contract required.

4. 4

   Damages

   The breach caused a measurable loss. Expectation damages are the usual measure.

Burden of proof

Preponderance of the evidence.

A Pennsylvania fact pattern

A written construction contract in King of Prussia with a pay-if-paid clause. The owner stalls; the GC stalls the sub. Enforceability of pay-if-paid versus pay-when-paid is the Pennsylvania-specific fight.