Must you wait when a sub can't perform?

摘要

Every once in a while you may find yourself in a subcontract with someone who shows signs of not being able to perform. Sometimes it's very clear-cut — the firm just disappears or announces that it is closing its doors. Sometimes it's not so clear ? the firm is ]ust limping along, making excuses, but still doing something. In a recent decision, a federal court in New York pointed out the difference between a current breach and an anticipatory breach of contract, and how that difference affects your right to take action.