Termination of Construction and Design Contracts

Front Cover
Aspen Publishers Online, 2009 - Law - 501 pages
0 Reviews

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 clientand’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 Publishersand’ respected Construction Red Book Series, youand’ll be able to:

  • Negotiate and draft appropriate termination clauses in project contracts
  • Benefit from expert analysis of current case law
  • Master the subtle differences between different types of termination and—and know when each applies
  • Identify all the potential remedies for the terminated contractor whether justified or wrongful
  • Understand and enforce the duty to mitigate
  • Identify and apply the different immunities
  • Accurately value the costs involved in termination
  • Determine what constitutes default and the grounds for a default termination
  • Define the contractorand’s, ownerand’s, and designerand’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 partyand’s perspective:

  • Public Owners
  • Private Owners
  • Contractors
  • Subcontractors
  • Sureties
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Termination According to a Contract
1
Termination for Convenience
15
Determining the Amount of the Convenience
55
Termination for Default
91
Waiver of Right to Terminate by Default
169
Determining the Amount of a Default
211
Alternate Termination Clauses
249
Termination and Terminated Partys Surety
277
The Miller
421
Appendix F Applicable California Statutes
435
Appendix H Applicable New York Statutes
441
Fixed Price Contract Clauses
449
Convenience
461
Clauses for Termination for Convenience of
469
Appendix O Differing Site Conditions Clauses
477
Appendices
479

Suspension
309
Appendix A Federal Acquisition Regulation Part 49 Regarding
339
Appendix B Federal Acquisition Regulation 52 2496
413

Common terms and phrases

Bibliographic information