Professor Anthony Lavers
, on behalf of the UK Society
, considered early termination by the client.
begins by noting that most commercial contracts grant one or both parties the right to terminate the contract in certain circumstances; and that the law of most jurisdictions will also generally grant parties the right to terminate in certain circumstances when the other party is in breach.
distinguishes between termination for convenience (permitting an employer to terminate at any time, for any reason) and termination for cause (termination depending on the occurrence of certain events).
considers the termination provisions in the JCT Design and Build Contract and the FIDIC Contracts together with the case law, before going on to consider the provisions in the Dutch standard forms, and the law in other jurisdictions.
also considers an example of a maintenance contract and 'temporary disconformity' in the context of termination.
The European Society
of Construction Law study - Introduction: early termination - Standard form contract provisions: termination for cause - Standard form contract provisions: termination for convenience - Dutch standard forms - Other jurisdictions - Maintenance contract illustration - Conclusion.
The author: Professor Anthony Lavers LLB, MPhil, PhD, DLitt, FRICS is Counsel in the Construction & Engineering Practice Group in the London office of White & Case LLP and is Visiting Professor of Law at Oxford Brookes University and the University of Portsmouth.
He is also a past Chairman of the Society.