Breach of Contract-Wrongul Termination

7^th Circuit Court of Appeals

Case Name: Boldt Company v. Black & Veatch Construction, Inc.

Case No.: 25-2070

Officials: Scudder, Kirsch, and Taibleson, Circuit Judges.

Focus: Breach of Contract-Wrongul Termination

Black & Veatch Construction, Inc. entered into a subcontract with The Boldt Company for the assembly of a wind farm in Illinois. The project experienced significant delays stemming from the late delivery of turbine components, adverse site conditions, and equipment-related issues. Throughout the project, Boldt submitted multiple written notices identifying these obstacles and their impact on the work. Despite those notices, Black & Veatch issued several notices of default and ultimately terminated the subcontract for cause before completing the remaining work itself. Boldt sued, alleging that the termination was wrongful and seeking payment for work it had performed, while Black & Veatch counterclaimed that Boldt had materially breached the subcontract by failing to perform the work on schedule.

The Northern District of Illinois granted summary judgment in favor of Black & Veatch, concluding that Boldt had defaulted under the subcontract and that the termination for cause was proper. The case proceeded to trial solely on the issue of damages, and the jury awarded Black & Veatch nominal damages of $1. The district court subsequently denied both parties’ post-trial motions.

The Seventh Circuit affirmed the jury’s award of nominal damages, finding no reversible error in the district court’s evidentiary rulings or jury instructions. The court also affirmed summary judgment on Boldt’s claims seeking payment for completed work and alleging that Black & Veatch failed to provide adequate construction works. However, t reversed the grant of summary judgment on Boldt’s wrongful termination claim, holding that the subcontract was ambiguous as to whether Boldt could be held responsible for project delays absent the contractually required notice and that genuine issues of material fact precluded summary judgment. The case was remanded for further proceedings on the wrongful termination claim.

Affirmed in part, reversed in part and remanded.

Decided 07/08/26

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