Case#9

Under the terms of a construction contract between O and C, A, the architect, was given the power to terminate C's performance if C was not making reasonable progress. A informed C that C's progress was not satisfactory and ordered C to leave the job. C tried to show A records of weather conditions to prove that unseasonably cold weather had cut down its efficiency, that there had been a jurisdictional strike between the unions of two subcontractors, and that A had taken too long to approve shop drawings and render interpretations. A refused to look at the evidence or to consider these contentions. He also refused to give any time to the contractor to catch up. C left the site. There was no arbitration provision. C sued O and A, claiming that he had been terminated without just cause.

Questions:

1. Does C have a valid claim against O? Against A?
2. If it has a valid claim against either, what should be its measure of recovery?