United States Fifth Circuit

A subcontractor has the right to regard a subcontract dissolved, and the parties restored to their pre-contract positions, when it becomes evident that the general contractor will not perform and has materially breached the subcontract.

Appellate Information

• Decided 12/30/2004
• Published 12/31/2004

Judges

• DENNIS, Circuit Judge:, Before HIGGINBOTHAM, GARZA and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Eric A. Kracht (argued), Kracht & Associates, Baton Rouge, LA, for Shaw Constructors., Eugene R. Preaus (argued), Edward C. Gleason, Preaus, Roddy & Associates, New Orleans, LA, for PCS Nitrogen Fertilizer L.P.