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Brett General Contracting, LLC v. The School Board of Nita County
Paperback
Publisher: Aspen Publishing
Published: Jun 19 2026
Pages: 192
Weight: 1.01
Height: 0.41 Width: 8.50 Depth: 11.00
Language: English
Bring real-world complexity into your program with this richly layered civil contract case designed for trial advocacy, mock trial, and advanced civil litigation courses. This construction contract dispute between a long-standing government contractor and a county school board places participants squarely at the intersection of contract interpretation, public-entity defenses, and evidentiary nuance.
Plaintiff Brett General Contracting, LLC alleges breach of contract and bad faith after the School Board of Nita County (SBNC) refused to pay delay-related change order costs. SBNC denies liability, asserts sovereign immunity, and countersues for breach of contract.
The case centers on a no damages for delay clause, alleged exceptions to that clause, and disputed promises made by multiple project managers-some oral, some written, and some allegedly never approved. Participants must navigate burdens of proof, affirmative defenses, and a counterclaim, all before a civil jury.
Key Learning Areas
- Contract interpretation and no damages for delay clauses
- Exceptions, waiver, reliance, and course of dealing
- Bad faith claims requiring willful or intentional conduct
- Sovereign immunity and limits on employee authority
- Competing burdens of proof, affirmative defenses, and counterclaims
Professors and students will benefit from:
- Ready-to-teach materials that save preparation time, including teaching notes and a detailed factual timeline
- Sample excerpts from deposition videos for reviewing questioning techniques
- Various forms of evidence including social media, text, email, and voicemail recording
- Built-in pedagogical complexity, allowing instructors to focus on advocacy skills rather than inventing factual nuance
- Clear assessment opportunities for openings, witness examinations, evidentiary objections, and closings
- Practice applying burdens of proof, affirmative defenses, and counterclaims in a jury trial setting
- Skill development in case theory, credibility assessment, and strategic use of documents and testimony
- Exposure to bad faith standards, sovereign immunity, and public-entity litigation issues
- Real-world legal ambiguity, requiring judgment calls rather than rote rule application
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