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
Tag: Termination for Convenience Clause
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
Terminating Contracts for Convenience – “Just Because”
David Adelstein | Florida Construction Legal Updates Termination for convenience provisions are important provisions to include in construction contracts. These are provisions that allow a party to terminate the contract for ANY REASON. No cause is needed to exercise the termination for convenience provision. In other words, the terminating party does not have to demonstrate the… Continue reading Terminating Contracts for Convenience – “Just Because”
Bad Faith Termination for Convenience
Patrick Tighe | Snell & Wilmer Many construction contracts include a clause that allows an owner to terminate a contractor’s remaining work on a project at the owner’s convenience. And during a global pandemic and these turbulent economic times, termination for convenience clauses are receiving renewed attention, including under what circumstances an owner may not… Continue reading Bad Faith Termination for Convenience