News & Analysis as of

Termination for Convenience Covenant of Good Faith and Fair Dealing

Troutman Pepper

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

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A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Bowditch & Dewey

Interpreting Termination for Convenience Clauses: A.L. Prime Energy Consultant, Inc. v. MBTA

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In A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority (MBTA), the Massachusetts Supreme Judicial Court issued an unambiguous decision on May 2, 2018, that a termination for convenience clause in...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

Nexsen Pruet, PLLC

"Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know"

Nexsen Pruet, PLLC on

Originally published in the SC Bar Construction Law Section's "News and Notes" in January 2012. If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and...more

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