However, if the colour of the pipe had been mentioned as a condition in the agreement, a breach of that condition could constitute a “serious”, i.e. repugnant offence. It is not only because a condition in a contract is indicated as a condition by the parties that this is not necessarily the case. However, these statements are one of the factors that are taken into consideration in determining whether it is a condition or warranty of the contract. Apart from where the color of the pipes went to the root of the contract (suppose the pipes should be used in a room dedicated to works of art related to sanitary facilities or dedicated to high fashion), it would most likely be a guarantee, not a condition. There is no “internal evaluation system” within each of these categories (e.g. B “serious breach of warranty”). This is a breach of a warranty. This is not a minor violation of a condition. It is a violation of a condition). Any breach is either breach of warranty, condition or non-maturity. If, in the example above, the contractor was ordered to use copper pipes and instead used iron tubes that would not last as long as the copper pipes would have held, the owner can recover the costs of actually correcting the infringement – removing the iron tubes and replacing them with copper pipes.
As in all complaints, the defendant – the party sued by the party – has the right to indicate a reason why the alleged offence is not really an offence or why the offence must be excused. From a legal point of view, we are talking about being a defence. The defences in force against an infringement are as follows: whereas an infringement in principle was once the test of a serious infringement to justify termination, it is no longer so. The test is the one set out above for an offending offence. The concept of fundamentally breach as an autonomous legal concept no longer has legal force.  It is now only another term of the contract (if used) which must be interpreted as any other duration of the contract. With respect to EPC agreements, a material breach is defined as “means a breach of any of its obligations under this Agreement by one of the Parties that has or is likely to have a significant adverse impact on the Project and that That Party does not need to heal”. “breach” means a legal concept describing the breach of a contract or agreement that occurs when a party fails to keep its promises in accordance with the provisions of the agreement.
Sometimes it is a matter of impairing another party`s ability to fulfill their duties.