Construction and design contracts increasingly contain provisions
giving one or both parties the power to terminate the contract. Given that
contracts are not always clear on the interrelationship between the
termination provisions and the law, this unique resource provides the
insight and information you need to interpret contracts and enforce key
clauses to your client’s advantage.
Termination of Construction and Design Contracts enables you to
handle even the most complicated terminations and suspensions. With
this latest addition to Aspen Publishers’ respected Construction Red
Book Series, you’ll be able to:
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Negotiate and draft appropriate termination clauses in project contracts
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Benefit from expert analysis of current case law
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Master the subtle differences between different types of termination
—and know when each applies
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Identify all the potential remedies for the terminated contractor
whether justified or wrongful
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Understand and enforce the duty to mitigate
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Identify and apply the different immunities
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Accurately value the costs involved in termination
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Determine what constitutes default and the grounds for a default termination
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Define the contractor’s, owner’s, and designer’s right to suspend work
Termination of Construction and Design Contracts provides
complete and comprehensive analysis of all the issues surrounding contract
termination and the suspension of construction and design projects.
Covers the legal and practical details of termination from every
party’s perspective:
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Public Owners
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Private Owners
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Contractors
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Subcontractors
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Sureties
Termination According to a Contract Provision
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Terminated General Contract Also Terminates Subcontract
Termination for Convenience
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After a Convenience Termination
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Exercising the Election to Terminate for Convenience
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The Schedule’s Role in Termination for Convenience
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Resolving Convenience Termination Disputes
Determining the Amount of the Convenience Termination
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Federal Convenience Termination Cost Principles
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State and Local Convenience Termination Costs
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Under AIA and Other Proprietary Form Contracts
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Subcontractor Costs
Termination for Default
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Contract Termination May Be Limited
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Standard Clauses
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Acts that Justify Default Termination
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Acts that Justify the Contractor’s Default Termination
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Improper Default Termination Changed to Termination for Convenience
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Wrongful Termination
Waiver of Right to Terminate by Default
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Federal Contracts
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Waiver in State and Private Cases
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Waiver of Right to Terminate for Defective Work
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Waiver of Right to Terminate for Failure to Progress
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Waiver of Right to Terminate by Breach of Implied Obligation of Good Faith and
Fair Dealing
Determining the Amount of a Default Termination
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Recovery for the Party that Justifiably Terminates
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Recovery for the Party that Is Improperly Terminated for Default
Termination Clauses in Construction and Design Contracts
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Alternate Termination Clauses in Construction Contracts
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Alternate Termination Clauses in Subcontracts
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Alternate Termination Clauses in Design Contracts
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Alternate Termination Clauses in Design-Build Contracts
Termination and the Terminated Party’s Surety
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Sureties and Material Changes in the Contract
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The Declaration of Default
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Surety’s Obligation to Its Terminated Principal
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The Surety’s Obligation to Arbitrate with the Party that Terminates
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Surety Competes for Priority with Lenders
Suspension
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Generally
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Contractor’s Right to Suspend Work
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Owner’s Right to Suspend Work
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Designer’s Right to Suspend Work
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Federal Suspension of Work
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International Suspension of Work
