Extract to table

The provision states that "no change in the Work shall be binding upon either party unless set forth in a Change Order signed by authorized representatives of both Owner and Contractor

To prevail, Meridian must establish either (a) that there was no material breach by Meridian that would have entitled Northgate to terminate under MCA § 14

Meridian must show that it is entitled to release of the 10% retainage held by Northgate on $569,666,670 in gross certified work, notwithstanding the termination for cause

Key Affirmative Defenses In addition to defending against Meridian's claims and prosecuting Northgate's counterclaims, the trial plan must account for several affirmative defenses that will be important at trial: • Material Breach Justifying Termination under MCA § 14

Meridian's Affirmative Defenses Each of Meridian's three principal affirmative defenses—permitting delays, constructive change orders, and force majeure—presents a distinct factual and legal issue that must be addressed at trial

Northgate must prove the reasonableness of the Crestline replacement contract ($712,000,000) and the remediation cost estimates ($18,300,000)