Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.
termination for default
When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.…
Contracting Officer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination
There is objective evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a number of disputes, poor practices, and conflicting personalities created a climate of dishonesty, distrust, and lack of…
When Is the Contractor’s Termination for Default Proper? When It Does Bad Things.
Sometimes you “do” bad things. Sometimes you “look like” you do bad things. Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good. In the world of construction contracting, both can get in you in trouble, including a termination for default of performance.…
Cosmetic Defects Found to Be Basis for Termination of Contractor for Default
In the construction world, many of us lawyers talk about what is known as a material breach in order to support a termination of the contract. In other words, the event that supports the claim for default or termination or breach of contract must be a material one or one that goes to the heart…
Say This Three Times Fast: Sequestration, Construction and Contractor Claims!
No doubt you have heard, read or seen reports about the sequestration process. As part of the Budget Control Act of 2011, Congress passed and President Obama signed into law an automatic, indiscriminate process of across-the-board budget cuts called sequestration. Earlier this week, the Washington Post had a great blog post called The Sequestration: …
Top 20 Contract Issues for Contractors and Subcontractors (Part 2)
After yesterday’s post, I received an email from a reader saying that the post was SWEET. Thanks for the comment! (This picture is for you!) To start a SOUR trend, today I am going to address terminations and changes.
In this second part of a four-part series, I will share some of the contract issues…