Termination of Contract for Unspecified Delay After Notice to Perform

A party, contracted to perform work, sought payment for services rendered but was refused on the grounds that the contract had been terminated by the other party due to the performing party's alleged delay, even though the contract did not specify a firm completion date, nor was the performing party formally put on notice regarding the delay. The court upheld the lower court's decision to reject the claim for payment, reasoning that the absence of a precise deadline in the contract did not preclude the terminating party from unilaterally setting a reasonable time limit for performance through formal notice to perform, and that by failing to meet this communicated deadline, the performing party had breached the agreement, thereby justifying the termination and refusal of payment.