News & Analysis as of

Contract Termination Contract Disputes Contract Terms

Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

Holland & Knight LLP on

La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...more

Kramer Levin Naftalis & Frankel LLP

HControl Holdings v. Antin Infrastructure Partners: Terminating a Merger Agreement for Immaterial Breach (and Other Holdings)

A recent posttrial decision from Delaware regarding an alleged breach of a capitalization representation in a merger agreement is noteworthy. The decision establishes that a party is within its rights to back out of a deal...more

A&O Shearman

What is material to a material breach of contract?

A&O Shearman on

Whether or not a breach is “material” is context specific, in particular by reference to the consequences flowing from the breach. In RiverRock v Harnack the High Court found that the dissolution of a consultant was not a...more

Goodell, DeVries, Leech & Dann, LLP

Business Contracts: Can We Back Out of the Deal?

Many business deals involve multiple steps after the contractual language has been worked out by the lawyers and the contracts have been signed. For example, there may be several steps involving due diligence, government...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Key Terms When It Comes Time to Terminate

The decision to terminate an agreement cannot be taken lightly. In exercising the option, understanding the key terms of the agreement and necessary steps to effectuate the termination are critical. As we have previously...more

Cooley LLP

Time to terminate? How to mitigate risk

Cooley LLP on

The coronavirus pandemic and global economic and political uncertainties mean that more businesses than ever are tied into unprofitable contracts or are required to purchase unwanted goods and services. Alternatively, they...more

A&O Shearman

Choppy waters for party seeking to invoke termination clause

A&O Shearman on

Another reminder of the importance of getting termination right. Although the notice sent talked about anticipatory repudiatory breach, in fact the breach relied on was of an express provision which required actual, rather...more

Cooley LLP

Irremediable Mistakes

Cooley LLP on

It is common for contracts to contain termination provisions that only allow for termination for a remediable breach if notice of the breach is given and the breaching party is allowed time to remedy it. For a party...more

PilieroMazza PLLC

Identifying and Quantifying Government Contract Claims

PilieroMazza PLLC on

Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

Robinson+Cole Construction Law Zone

Terminator Beware

Terminating a contract is a serious and sometimes risky decision. Whenever a client seeks advice regarding termination, a lawyer should stress the importance of strict compliance with the contractually specified termination...more

PilieroMazza PLLC

[Webinar] Identifying and Quantifying Government Contract Claims - August 17th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more

A&O Shearman

Implied novation not prevented by termination provision

A&O Shearman on

In Gama Aviation the High Court found that a clause which prevented unilateral termination of an agreement except by written notice was not also a bar to termination of the agreement by way of informal novation. ...more

A&O Shearman

How best to manage the early stages of a contractual dispute

A&O Shearman on

Even seasoned litigators accept litigation can be time-consuming, often expensive, and uncertain. While you may in some cases be able to avoid it entirely, what should you do (or, for that matter, not do) in the early stages...more

A&O Shearman

A good day for wasted expenditure

A&O Shearman on

In Soteria Insurance v IBM, the Court of Appeal held that an exclusion of claims for “loss of profit, revenue, savings” did not exclude a claim for wasted expenditure....more

Lewitt Hackman

Franchisor 101: No Tax on Renewals

Lewitt Hackman on

A federal court in Virginia denied tax franchisor, Liberty Tax’s, motion to dismiss complaints by two of its area developers (“ADs”). The ADs claimed Liberty Tax breached their contract for wrongfully terminating, failing to...more

BCLP

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute

BCLP on

The High Court recently considered the termination of an aircraft lease to purchase contract between OCA and Novans (an aircraft broking and consultancy company). In finding for the Claimant, the judgment considers the thorny...more

BCLP

Terminating technology contracts: some welcome guidance

BCLP on

Whether to terminate of a complex agreement for material and/or repudiatory breach is a common and yet difficult decision to make as a business (and to advise on as a lawyer). And, given the unpredictability of the outcome,...more

BCLP

Key trends in contractual negotiations

BCLP on

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

Stoel Rives -  Ahead of Schedule

Tips on Termination: Recent Washington Case Examines Parties’ Rights

Owners and contractors should consider the recent Washington Supreme Court decision Conway Construction Co. v. City of Puyallup, which emphasizes the importance of carefully drafting, and following, a construction contract’s...more

BCLP

Timberbrook v Grant Leisure: staged payments, variations and termination clause

BCLP on

The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more

Akin Gump Strauss Hauer & Feld LLP

Triple Point Technology, Inc v PTT Public Company Ltd – Court of Appeal Overturned

Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more

Burns & Levinson LLP

The Dubious Enforceability of ‘Only Can Be Modified by a Written Instrument’ Clauses

Burns & Levinson LLP on

How many times over the years have you seen a clause in a contract stating that it only can be modified by a written instrument signed by the parties? Depending upon how long you have been practicing, the answer may well be...more

Jaburg Wilk

Does a Prior Breach Excuse a Counter Breach

Jaburg Wilk on

As any parent with more than one child can attest, most people, including not only children but also adults, believe that if another person commits the first offense, then a counter, or retaliatory offense is justified. Such...more

Lathrop GPM

The Franchise Memorandum - Issue # 264 (Distribution Issue)

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more

Troutman Pepper

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper on

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide