Karalynn Cromeens | The Cromeens Law Firm Most commercial construction subcontracts have a termination for convenience clause. This clause means that the general contractor can terminate the subcontractor at any time for no reason, just because it is convenient to the general contractor. But what happens after a termination for convenience? A termination for convenience clause exists… Continue reading What Happens After A Termination For Convenience?
Tag: Termination for Convenience Clause
A Termination for Convenience is not a Termination for Default
David Adelstein | Florida Construction Law Updates A termination for convenience is NOT a termination for default. They are NOT the same. They should NOT be treated as the same. I am a huge proponent of termination for convenience provisions because sometimes a party needs to be able to exercise a termination for convenience, but… Continue reading A Termination for Convenience is not a Termination for Default
Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term
Anthony Melon | Troutman Pepper 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 of the AIA A101-2007 and AIA A201-2007. The owner later terminated BoMar, alleging deficiencies in BoMar’s work. The parties… Continue reading Ohio Court Reforms Construction Contract to Correct “Manifest Absurdity” in Termination for Convenience Term
Termination for Convenience Clauses: Maybe More Than Just Convenience
Robert C. Shaia and Jane M. Kutepova | ConsensusDocs A contractor begins work on a project and everything is going well, until one day the owner informs the contractor that it is being terminated for convenience. Possibly, there is no discussion about alleged defects, reasons for the termination, or any damages the owner might seek against… Continue reading Termination for Convenience Clauses: Maybe More Than Just Convenience
Termination Of Construction Contract For Convenience By Project Owner
Paul W. Norris | Stark & Stark In the past, construction contracts could typically only be terminated if there was a breach of the construction agreement by the owner or contractor. Under such scenarios, litigation often arose concerning whether the termination was proper and whether the contractor might be entitled to lost profits and other… Continue reading Termination Of Construction Contract For Convenience By Project Owner