David Adelstein | Florida Construction Legal Updates No contractor wants to be terminated for default. It is the harshest contractual recourse. It is a recourse that has implications, particularly in the public sector. However, a party needs to be in a position to support the basis of the termination for default, and the terminated party, in… Continue reading Challenging a Termination for Default
Tag: Termination for Default
Government’s Termination of Contractor for Default for Failure-to-Make Progress
David Adelstein | Florida Construction Legal Updates Whenever you elect to terminate the other party for cause or for default, you need to JUSTIFY the basis of the cause or default. The reason being is that a termination for default or cause is the harshest contractual remedy. This is why the other party will typically either (i) convert the… Continue reading Government’s Termination of Contractor for Default for Failure-to-Make Progress
Better Early than Never: Court of Federal Claims Dismisses Challenge to Default Termination as Five Years Late, Despite Contractor’s Timely Appeal of Denial of Certified Claim
Amy Elizabeth Garber | Bradley Arant Boult Cummings The Court of Federal Claims has confirmed that a termination for default is a contracting officer’s final decision triggering the Contract Disputes Act (“CDA”) appeal deadlines. The recent case of Bowman Construction Co. v. United States involved a contract between a contractor (“Bowman”) and the National Park Service for… Continue reading Better Early than Never: Court of Federal Claims Dismisses Challenge to Default Termination as Five Years Late, Despite Contractor’s Timely Appeal of Denial of Certified Claim
When is a Contractor’s Termination for Default Proper? When it Does Bad Things!
Matthew DeVries | Best Practices Construction Law Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including… Continue reading When is a Contractor’s Termination for Default Proper? When it Does Bad Things!
When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.
Matthew DeVries | Best Practices Construction Law | November 19, 2019 Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get… Continue reading When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.