There was a problem adding this course to your account. Please try again in a few minutes. If the problem persists, you can contact our support department at (877) 880-1335.
Adding Registration, Please wait...
You must be logged in to perform this action.
Log in
Cancel
Breaking Up Is Hard to Do: Termination of California Construction Contracts
“Breaking Up Is Hard to Do: Termination of California Construction Contracts” will discuss all of the major issues that owners and contractors face regarding contract terminations on California construction contracts. The agenda will cover 1) Drafting and negotiating contract termination provisions; 2) Deciding if, how and when to terminate during performance; and 3) The mechanics, considerations and consequences of termination.
We’ll introduce the different types of termination clauses, and, for each, discuss the most common issues, examples and considerations and tips, both in the context of owner-prime agreements and prime-subcontractor agreements. The focus will be on the two most common types of contract terminations: those for default/cause and those for convenience/no cause; we will also cover cancellations and terminations by the contractor.
For default terminations, issues include the bases for termination, required notices and opportunities to cure, owner/contractor remedies, and the effect of an improper termination, and, for convenience terminations, issues include the breadth of the right to terminate and enforceability. For both terminations types, we’ll examine sample language and procedures, and we’ll discuss drafting considerations and tips. For cancellation and termination-by-contractor provisions, we’ll discuss when they are utilized, on what conditions and other issues.
We will then turn to deciding if, how and when to terminate during performance. Key subtopics are a) Key legal questions to ask; b) Key factual questions to ask; and c) The mechanics, considerations and consequences of termination. Among key legal questions are what the contract documents say about the right to terminate and how statutory and common law fill in any blanks or alter the parties’ respective rights; this discussion will include California restrictions on construction subcontractor substitutions. We’ll conclude with practical and strategic considerations in whether and how to terminate and, if a termination is noticed, whether and how to challenge a termination and/or make a claim for recovery.
1.5 Participatory MCLE Credits
Customers Who Bought This Item Also Bought
(OnDemand) 38th Annual Real Property Spring Conference: When Adversaries Are Friends
(OnDemand) Private Harassing Speech, Hate Speech, Epithets, or Slurs: Rules for Realtors®
(OnDemand) Dogs in the Workplace: Top 10 Tips for Drafting the Commercial Lease to Allow Dogs in the Office
(OnDemand) Broker Supervision in a Paperless and Remote Environment
(OnDemand) Hands Off My (Public) Contract!
(OnDemand) Ethical and Effective Online Marketing for Lawyers in the “New Normal”
(OnDemand) COVID Impacts on the Construction Industry & The American Jobs Plan
(CLEtoGo (Podcasts)) Breaking Up Is Hard to Do: Termination of California Construction Contracts
(OnDemand) Aging Buildings and Looming Natural Disasters: Averting a Surfside, FL Tragedy for California Community Associations
(OnDemand) Community Association/HOA Legislative and Case Update
(OnDemand) Liability and Issues Arising From Real Estate Sales Transactions
We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
Adding Registration, Please wait...
