Whether your role is in helping analyze the contractor’s work on the project to certify a contractor’s termination for cause, or you are being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems.
Consider these summary tips as part of your practice, every time the termination idea arises:
- Remember that you are the neutral and must be impartial between Owner and Contractor
- After you have made a fair decision, document your decision to the Owner and Contractor
- Provide options less nuclear for Owners– stop work; removing scopes of work; etc.
- Guide your Owner on proper termination, notice provisions, and the like
- Document project status, regardless of who is doing the firing and who is leaving the project
- Document next steps in the work on the critical path if you are the one leaving the project
- Discuss the use of your subconsultants if you are leaving
- Protect your plans and specifications, and only release them with protections (licensing fee; limiting language on the plans; and/or indemnity agreements)
Did you miss any of the series? You can find it all at these links:
- Part 1 Introduction to Construction Termination Issues
- Part 2 Contractor Termination
- Part 3 Contractor Quitting the Project
- Part 4 Architect/Engineer Termination
- Part 5 Architect/Engineer Quitting the Project
Or, use this link if you’d rather have a downloadable PDF of the entire series.
Still have a burning question that I haven’t yet addressed? Let me know below or drop me an email.
Until next time……… Hasta luego!