Brett General Contracting, LLC v. The School Board of Nita County, First Edition

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