Understand the risk of terminating a construction contract and why it is a last resort.
Sometimes your only option is to terminate the construction contract on a project. Perhaps every chance at dispute resolution has failed. Maybe the material breaches by one party will never be resolved by remedies or damages recoverable under the contract, or maybe subcontractor liens on the project have caused irreconcilable differences between the owner and general contractor. Whatever the reason prompting termination of a construction contract, there are important legal issues and considerations to keep in mind. Termination, after all, affects everyone on the project. This course will address contract termination from the perspective of owners, developers, contractors, and design professionals. First, we will discuss the risk of terminating a construction contract and why it is legally a last resort. Second, we will look at contract clauses and terms that specify termination rights and remedies. Finally, we will conclude the program by identifying the best way to terminate a construction contract. The material will offer some case examples to consider with familiar circumstances to all working in the construction industry.
Learning Objectives
- You will be able to define what it legally means to terminate a construction contract.
- You will be able to describe the benefits and consequences of terminating a construction contract.
- You will be able to discuss risks and remedies from contract termination.
- You will be able to explain the right and wrong way to terminate a construction contract.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Termination - a Last Resort on the Project
- Termination Risks and Remedies
- Standard and Popular Termination Terms
- Default and Material Breach
How to Terminate the Right Way
- Notice and Cure Opportunities
- Legal Defenses
- Termination Damages
What Does Case Law Say About Termination?
- Contractor Wins
- Owner Wins
- Termination Ineffective
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Credit
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 20, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Richard G. (Rick) Erickson
Snell & Wilmer L.L.P.
- Partner in the office of Snell & Wilmer, L.L.P. (https://www.swlaw.com/people/rick_erickson)
- Practice emphasizes all aspects of construction law
- Conducts regular seminars and workshops on numerous topics relating to construction litigation and transactions
- Author of many publications related to construction law and commercial litigation
- Past chair, State Bar Executive Council for Construction Law; Affiliate Affairs Committee, Associated General Contractors; fellow, American Bar Foundation; Arizona Builders Alliance; Maricopa County Bar Association, Construction Law Section
- J.D. degree, University of The Pacific; B.S. degree, University of Arizona
- Can be contacted at [email protected], 602-382-6540, or https://www.linkedin.com/in/rick-erickson-9510794
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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