Best Practices When Terminating for Cause a Downstream Contractor/Subcontractor

Jeffrey Bright | Offit Kurman Terminating for cause a downstream contractor (or subcontractor) is considered the “nuclear option” when handling breaches of contract. Terminating for cause usually increases the risks and likelihood of litigation. Frequently, by the time the terminating party contacts the lawyer, it has already made the decision to terminate and wants the… Continue reading Best Practices When Terminating for Cause a Downstream Contractor/Subcontractor

Go Your Own Way: Easier Said Than Done on Washington Construction Projects

Colm P. Nelson | Stoel Rives Abstract Ending a construction contract can trigger significant legal and practical consequences for owners and contractors. This article examines the risks that can arise when project participants decide to terminate or separate, including the differences between mutual separation, termination for cause, and termination for convenience. It also highlights the… Continue reading Go Your Own Way: Easier Said Than Done on Washington Construction Projects

Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

Brian Perlberg | ConsensusDocs Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract. Under ConsensusDocs, a constructor must give its permission to use any equipment or supplies… Continue reading Leftover Equipment and Materials When a Contractor Is Abruptly Terminated