Melissa Dewey Brumback | Construction Law in North Carolina
Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the owner? The answer, as it turns out, is — yes. That is, yes, any and all of the above termination topics were on the table.
As you may have suspected, even the threat of a termination is bad, bad news. It is the “nuclear option” for a construction project. Everyone risks getting harmed. As the design professional administering a contract, you run a risk of being dragged into litigation no matter what you do. So, how should you proceed? Carefully.
As Elmer Fudd would say, be very, very careful!
To start, follow along in my new limited series on Termination Issues for Architects & Engineers (and all Design Professionals). For the next few weeks, I’ll be posting about all sides of the termination topic, including:
Part 2: How to handle construction administration when the contractor is getting fired
Part 3: How to handle contract administration when the contractor is firing the owner
Part 4: What to do when they want to fire you, the architect or engineer
Part 5: What if You are the one that wants to quit?
and finally:
Part 6: This is the End (Construction Contract Termination quick facts for the design professional)
Stay tuned for the next several weeks to learn all you ever wanted to know about termination, resignation, and the breaking of contracts.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.