VI. Performance or Breach, F. Excuses for Nonperformance, 1. In General, § 632 - When nonperformance may be excused
One who agrees to do, for a fixed sum, a thing possible to be performed, will not be excused or become entitled to additional compensation because unforeseen difficulties are encountered. Nonperformance of a valid contract is a breach unless the person charged shows some valid reason which may excuse the nonperformance, and the burden of doing so rests upon the person charged with breach.
A prerequisite to the remedy of excuse of performance is that the covenants in a contract must be mutually dependent promises.
All case links go to Westlaw and require login.
Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of Adm. Servs., 113 Ohio St. 3d 226, 2007-Ohio-1687, 864 N.E.2d 68, 218 Ed. Law Rep. 673 (2007)
El Paso Field Services, L.P. v. MasTec North America, Inc., 389 S.W.3d 802 (Tex. 2012)