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Construction Contracts Termination for Convenience

Troutman Pepper

Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term

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Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct. App.) - Hanuman Chalisa LLC (owner) contracted BoMar Contracting, Inc. (BoMar) to construct a hotel in Columbus, OH. The contract consisted...more

Bradley Arant Boult Cummings LLP

Termination for Default – the Government's Burden - Construction and Procurement Law News, Q3 2019

In Alutiiq Manufacturing Contractors, LLC v. United States, the U.S. Court of Federal Claims ruled that the Government had improperly terminated a construction contract for default and ordered that the default termination be...more

Troutman Pepper

Ninth Circuit Finds Arbitration Award Is ‘Irrational’ Because It Disregards the Contract’s Plain Text Simply to Reach a Just...

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Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) - Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor, entered into multiple...more

Bradley Arant Boult Cummings LLP

Notice Periods and Termination Clauses as Limitations on Damages - Construction and Procurement Law News, Q2 2018

A recent Supreme Court of North Dakota holding is worth noting for anyone who enters into agreements containing notice periods to terminate the right or obligation to proceed under a contract. Continental Resources, Inc. v....more

Saul Ewing LLP

Massachusetts Governmental Agency May Terminate Contract for Cost Savings

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Termination for convenience clauses are common in construction contracts with governmental entities and provide the government with disproportionate power over whether a contractor will be able to fully perform its contract. ...more

Davis Wright Tremaine LLP

Termination for Convenience: File on Time and Document Your Costs

Last month, the Armed Services Board of Contract Appeals issued two decisions involving terminations for convenience. Both decisions are instructive regarding how contractors should anticipate contractual and regulatory...more

Bradley Arant Boult Cummings LLP

Revisions to ConsensusDocs® Design-Bid-Build Standard Forms

Every construction project has a contract (written, preferably), and they often vary in size and scope depending on the nature and complexity of a project. Many construction industry participants have developed their own...more

McCarter & English, LLP

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Troutman Pepper

Washington State Court Upholds Termination For Convenience Clause in Subcontract – Partial Performance Provides Adequate...

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SAK & Assocs. v. Ferguson Constr., Inc., 189 Wn. App. 405 (Wash. Ct. App. 2015) - Ferguson Construction, Inc. (“General Contractor”) entered into a fixed sum contract (the “Subcontract”) with SAK & Associates...more

Sherman & Howard L.L.C.

Whether for Cause or Convenience, Termination Can Be Tricky

Termination of a construction contract is tricky and fraught with risk. Whether the termination is for cause or for convenience, the contract must be followed to the letter for a termination to be valid. Virtually every...more

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