that the contract provided a 30-day payment period. Ms. McBride testified that her recollection was that Morganti had complained about the FBOP’s rejecting certain payment requisitions, and retaining and withholding money from progress payments, but that Morganti had not complained about the 30-day payment period that the FBOP was using. In any event, Morganti did not present any evidence to suggest that it pursued the matter further with the FBOP. To the contrary, Morganti did not raise the issue again until April 1997, just before the termination. In such circumstances, Morganti failed to prove its contention that the late payments consti tuted a material breach that would have justified Morganti’s nonperformance. D.W. Sandau Dredging, 96-1 BCA ¶ 28,064, at 140,161, 1995 WL 739023 (<HOLDING>); Jones Plumbing & Heating, Inc., 86-1 BCA ¶
holding that materiality is established if a reasonable man would attach importance to its existence or nonexistence in determining his choice of action in the transaction in question recognizing that the fear experienced by the victim before death is a significant factor in determining the existence of this aggravating circumstance holding that contractor complaints that late or no payments are affecting performance is a significant factor in determining materiality holding that additional consideration is a factor in determining whether there is an implied contract of employment holding that duration of limitation is a factor in determining whether limitation is significant