Back to Search Start Over

When the Axe Falls: Terminations on Government Construction Projects.

Authors :
Werther, Barbara G.
Lifschitz, Judah
Source :
Construction Lawyer; 2024, Vol. 43 Issue 3, p57-80, 24p
Publication Year :
2024

Abstract

This article provides an analysis of terminations on government construction projects, specifically focusing on terminations for convenience and terminations for default. Terminations for convenience allow the government to unilaterally terminate a contract for any reason, while terminations for default occur when there is a failure to perform contractual obligations. The article discusses the background, laws, and contract clauses related to both types of terminations, as well as recent legal trends that suggest contractors may be able to recover damages in certain circumstances. It emphasizes the broad authority of the government in terminations for convenience but also highlights limitations and requirements that must be followed. The article also discusses the requirements and implications of performance and payment bonds, as well as the potential for contractors to recover costs incurred due to improper actions by the government. It concludes by explaining the concept of wrongful termination in government contracts and provides examples of court cases where damages were awarded to contractors who were wrongfully terminated. [Extracted from the article]

Details

Language :
English
ISSN :
02720116
Volume :
43
Issue :
3
Database :
Complementary Index
Journal :
Construction Lawyer
Publication Type :
Academic Journal
Accession number :
179757003