Question: Mills Construction, Inc. contracted with Double Diamond Construction to erect a steel arena. Mills was to provide the parts for the building and Double Diamond was to provide the labor and equipment. Double Diamond began construction, the materials were delivered late, and many of the steel components did not fit together properly. Some of the mainframes were twisted and other parts were missing or the wrong length.
Double Diamond reported the problems to Mills and its supplier, but nothing was done. Double Diamond stopped work on the project and three days later the structure collapsed. Double Diamond billed Mills for the work it had completed up to the collapse and said it would not continue work until the bill was paid. When it was not paid, Double Diamond sued Mills. Had Mills made it impossible for Double Diamond to complete the contract?