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Guidelines and Considerations When Terminating Government Contracts

Terminations are the not-so-happy endings to construction contracts. A termination occurs when the owner decides to stop a project before it is complete. This is a right that lies solely with the owner unless otherwise specified in the contract - at best, a contractor can abandon a contract if the owner breaches it. The doctrine of termination has become so pervasive in federal contracting that, even if the contract does not have an express termination clause, courts will read that right into the contract by operation of law. And, commercial contracts often give owners similar rights. This on-demand webinar will help interested parties to navigate the world of termination. It will explore the rights of owners and contractors and the interaction between the law of federal contracts and the law of private commercial contracts.

Learning Objectives:

  • You will be able to discuss impacts of the termination for convenience clause.
  • You will be able to identify general contractor-subcontractor relationship.
  • You will be able to explain terminations for default.
  • You will be able to review terminations for convenience and the traditional standard.

Runtime: 84 minutes
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Why Lorman?

Over 32 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

Terminations for Convenience

  • Impacts of the Termination for Convenience Clause
  • Limitation on Constructive Terminations for Convenience
  • General Contractor-Subcontractor Relationship
  • Wrongful Termination for Convenience
    • Government Contracts vs. Private Contracts Different Standards
  • Costs of a Termination for Convenience

Terminations for Default

  • Background
  • Grounds for Default Termination
  • Responding to Cure Notice of Default or Show Cause Notice
  • Wrongful Default Terminations
  • Other Defenses to Default Termination
  • Costs of a Termination for Default
  • Effect of a Wrongful Default Termination
  • Procedural and Jurisdictional Issues

Other Government Conduct Limiting the Right to Terminate

  • Terminations for Convenience and the Traditional Standard
    • Bad Faith
    • Abuse of Discretion
    • Overlap of Bad Faith and Abuse of Discretion
  • Changed Circumstances Test
  • Challenging Convenience Terminations on Bad Faith Grounds - Lessons Learned
  • Challenging Convenience Terminations Based on Abuse of Discretion
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Why Lorman?

Over 32 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 Webinar

This course was last revised on September 18, 2013.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 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

Barbara G. Werther

Barbara G. Werther

Ober, Grimes & Shriver

  • Principal in Ober|Kaler’s Construction Group
  • More than 30 years of experience in construction and government contracts law
  • Recognized as one of the leading construction and government contracts attorneys in the U.S. in the most recent editions of the Best Lawyers in America, Chambers USA, Super Lawyers, Washington, D.C. Area’s Best Lawyers and The International Who's Who of Construction Lawyers
  • Recently nominated and named a finalist for InsideCounsel’s Transformative Leadership Award in the Rainmaker category
  • Represented both contractors and owners in disputes regarding substantial claims for delays, acceleration, inefficiencies, default terminations and construction catastrophes, both in the private sector and on public projects
  • Represented both sureties and contractors in performance and payment bond disputes, and has represented government contractors in False Claims Act cases
  • Litigated numerous claims for equitable adjustment, as well as bid protests and claims at the Boards of Contract Appeals and the Court of Federal Claims
  • Has spoken and written on many topics relating to her areas of expertise
  • J.D. degree, The George Washington University Law School; B.A. degree, University of Pennsylvania
  • Can be contacted at [email protected]
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Product ID: 391973
Published 2013
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