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Termination of Construction and Design Contracts (1-year Online Subscription)

Name: Termination of Construction and Design Contracts (1-year Online Subscription)
Brand: Wolters Kluwer Legal & Regulatory U.S. (Online)
SKU: 10048491
Availability: InStock
Author: Michael T. Callahan
ISBN: 10048491

By Michael T. Callahan

Wolters Kluwer Legal & Regulatory U.S. (Online)

Specifications

ISBN-13: 10048491
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
Format: Online , 522 pages
Jurisdiction: U.S. ? Countri(es) for reference only

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Details

Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your client’s advantage.

Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishers’ respected Construction Red Book Series, you’ll be able to:

Negotiate and draft appropriate termination clauses in project contracts
Benefit from expert analysis of current case law
Master the subtle differences between different types of termination —and know when each applies
Identify all the potential remedies for the terminated contractor whether justified or wrongful
Understand and enforce the duty to mitigate
Identify and apply the different immunities
Accurately value the costs involved in termination
Determine what constitutes default and the grounds for a default termination
Define the contractor’s, owner’s, and designer’s right to suspend work

Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every party’s perspective:

Public Owners
Private Owners
Contractors
Subcontractors
Sureties

Termination According to a Contract Provision

Terminated General Contract Also Terminates Subcontract

Termination for Convenience

After a Convenience Termination
Exercising the Election to Terminate for Convenience
The Schedule’s Role in Termination for Convenience
Resolving Convenience Termination Disputes

Determining the Amount of the Convenience Termination

Federal Convenience Termination Cost Principles
State and Local Convenience Termination Costs
Under AIA and Other Proprietary Form Contracts
Subcontractor Costs

Termination for Default

Contract Termination May Be Limited
Standard Clauses
Acts that Justify Default Termination
Acts that Justify the Contractor’s Default Termination
Improper Default Termination Changed to Termination for Convenience
Wrongful Termination

Waiver of Right to Terminate by Default

Federal Contracts
Waiver in State and Private Cases
Waiver of Right to Terminate for Defective Work
Waiver of Right to Terminate for Failure to Progress
Waiver of Right to Terminate by Breach of Implied Obligation of Good Faith and Fair Dealing

Determining the Amount of a Default Termination

Recovery for the Party that Justifiably Terminates
Recovery for the Party that Is Improperly Terminated for Default

Termination Clauses in Construction and Design Contracts

Alternate Termination Clauses in Construction Contracts
Alternate Termination Clauses in Subcontracts
Alternate Termination Clauses in Design Contracts
Alternate Termination Clauses in Design-Build Contracts

Termination and the Terminated Party’s Surety

Sureties and Material Changes in the Contract
The Declaration of Default
Surety’s Obligation to Its Terminated Principal
The Surety’s Obligation to Arbitrate with the Party that Terminates
Surety Competes for Priority with Lenders

Suspension

Generally
Contractor’s Right to Suspend Work
Owner’s Right to Suspend Work
Designer’s Right to Suspend Work
Federal Suspension of Work
International Suspension of Work

Price on request

Need a quote? Place your order now and our team will contact you within one business day with pricing details. Click "Get a Quote" below to start the process.

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Not yet published? ?