Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor? Short Answer: Yep.
Although the court ruled against Foster on its claims, it did so because the subcontractor failed to prove its case. Rather than relying on the implied obligation not interfere with one's performance, Foster instead claimed that it began work as a result of the threat of Wilson to find another subcontractor. In fact, the court held that such a threat would not be enforceable, and that Foster could have refused to begin work until the grading was almost complete on the grounds that: (1) the prime contractor may not wrongfully interfere with performance by the subcontractor; and (2) must provide the subcontractor a reasonable opportunity to perform.