Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

Melissa Dewey Brumback | Construction Law in North Carolina Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. “It’s not you, it’s me!” (It’s you) You can also terminate for Owner delays… Continue reading Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

Construction Termination Part 3: When the Contractor is Firing the Owner

Melissa Dewey Brumback | Construction Law in North Carolina Last week we discussed an Owner terminating a Contractor “for cause”.  Today, it’s time for a 180:  what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of… Continue reading Construction Termination Part 3: When the Contractor is Firing the Owner

Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series

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… Continue reading Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series

Pulling the Plug

Todd R. Regan | Construction Executive As a contractor, you may have wondered if your contract can be terminated by the owner for cause after the project has reached substantial completion. The answer is yes. Under certain circumstances it may be permissible—or even necessary—for a project owner to terminate the contract for cause after the… Continue reading Pulling the Plug

What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

Martha B. Chovanes and Laurie A. Stanziale | ConsensusDocs While contractor bankruptcies have long been an issue in the construction industry, in the aftermath of COVID-19 and the resultant labor, material and supply-chain delays, contractor bankruptcies are of even greater concern. Many construction contracts attempt to protect the upstream party from a bankruptcy filing of… Continue reading What You Need to Know About “Ipso Facto” Clauses and Their Impact on Termination of a Contractor or Subcontractor in a Bankruptcy

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