The Termination Clause
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Termination Of Construction And Design Contracts
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Author : Michael T. Callahan
language : en
Publisher: Wolters Kluwer
Release Date : 2009-01-01
Termination Of Construction And Design Contracts written by Michael T. Callahan and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
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 clientand’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 Publishersand’ respected Construction Red Book Series, youand’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—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 contractorand’s, ownerand’s, and designerand’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 partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties
Enforceabilty Of Termination For Convenience Clauses In India
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Author : Varun Srinivasan
language : en
Publisher:
Release Date : 2017
Enforceabilty Of Termination For Convenience Clauses In India written by Varun Srinivasan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
When parties agree to enter into a contract they do so with the objective of ensuring that the purpose for which they got into the contract in the first place is accomplished. However, albeit all might be well between them while signing the deal, circumstances can quickly change leading to even the best of allies to a dispute, thereby precipitating the contract being put to an end. One such way this can happen is by way of termination.When embarking on a new project, termination is often the last thought that crosses the parties' minds and is, therefore, often given relatively short shrift in the contract drafting and negotiation stage. In the current economic climate, however, given the uncertainties that can plague even the most well planned businesses, contract termination is a potential outcome parties simply cannot ignore.These clauses are inserted with a view to allow one or either of the parties to evade or discontinue its contractual obligations based on the conditionalities stipulated therein. The operation of such clauses can, therefore, have serious ramifications especially against the party whom it has been invoked. Termination clauses can, therefore, be distinguished into two kinds. (i) With cause and (ii) Without Cause. Termination clauses that do not provide any cause or reason to the other side are generally known as termination for convenience clause, i.e., allowing one party to unilaterally put an end to a contract/agreement based on its volition. These clauses hence, contain no limitation on the circumstances under which one party can exercise this right to evade its obligations.
Recommendations For The Usage Of Termination Clauses
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Author : Greg Tharp
language : en
Publisher:
Release Date : 2020
Recommendations For The Usage Of Termination Clauses written by Greg Tharp and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Classification: Viewpoint Purpose: Objectives include: (1) addressing uncertainty in overhead and profit when using termination for convivence clause by exploring various IACCM recommendations relative to FAR to identify fair compensation, (2) identify a way to calculate the present value of actual costs completed in order to value commercial item contracts, and (3) briefly discussing if present value valuation methods will hold up to legal scrutiny. Design/Methodology/Approach: Current literature is examined to determine what methodologies should be employed to address uncertainty in overhead and profit in contracts terminated for convenience. Findings: Contracting officers should consider selecting from three IACCM methods to address uncertainty in overhead and profit: 1. Cut-off method: Capping amount of overhead and profit that can be recovered 2. Percentage recovery of contractor fee of cost based on level of job completed 3. Waiver of overhead and anticipatory cost with actual costs incurred being the only compensation.Originality/Value: The application of FASB Concept Statement No.7 to calculate present value of actual costs completed to determine the amount of cost to be recovered is not current practice. The usage of FASB concept statements is a deviation from current practice because commercial item contracts do not normally incorporate FASB pronouncements into their calculations nor is there currently a methodology to determine present value of actual costs completed in commercial contracts. Another deviation from current practice is to implement recommendation that waiver and forfeiture of claims be standard practice in termination clauses.
Doing Business In China For Dummies
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Author : Robert Collins
language : en
Publisher: John Wiley & Sons
Release Date : 2011-02-10
Doing Business In China For Dummies written by Robert Collins and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-10 with Business & Economics categories.
Navigate China's business culture and etiquette The fun and easy way to grow your business in China This authoritative, friendly guide covers all the basics, from the nuts and bolts of Chinese business and bureaucracy to negotiating with your Chinese partners. You'll also get the know-how you need to manage day to day, from travel tips and advice on converting money to getting past language barriers. Discover how to: * Understand Chinese markets * Develop a strong business plan * Find the right employees * Work with currency controls and the Chinese banking system * Sell and source in China Explanations in plain English * "Get in, get out" information * Icons and other navigational aids * Tear-out cheat sheet * Top ten lists * A dash of humor and fun
An Investigation On The Application Of Termination Clause In Standard From Of Construction Contract In Indonesia
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Author : Hermawan Cahyo Nugroho
language : en
Publisher:
Release Date : 2016
An Investigation On The Application Of Termination Clause In Standard From Of Construction Contract In Indonesia written by Hermawan Cahyo Nugroho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
An Investigation On The Application Of Termination Clause In Standard Form Of Construction Contract In Indonesia
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Author : Hermawan Cahyo Nugroho
language : en
Publisher:
Release Date : 2015
An Investigation On The Application Of Termination Clause In Standard Form Of Construction Contract In Indonesia written by Hermawan Cahyo Nugroho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Construction contract categories.
The 2017 Fidic Contracts
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Author : William Godwin
language : en
Publisher: John Wiley & Sons
Release Date : 2020-02-19
The 2017 Fidic Contracts written by William Godwin and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-19 with Law categories.
Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.
Termination Clauses In Partnerships
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Author : Stefano Comino
language : en
Publisher:
Release Date : 2004
Termination Clauses In Partnerships written by Stefano Comino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
The Validity Of Automatic Termination Clauses In Employment Contracts
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Author : Liechen Tonkin
language : en
Publisher:
Release Date : 2012
The Validity Of Automatic Termination Clauses In Employment Contracts written by Liechen Tonkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Mastering Employment Contracts
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Author :
language : en
Publisher:
Release Date : 2016
Mastering Employment Contracts written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.