Contract Termination For Convenience In Maricopa
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A “termination for convenience” clause states that a property owner may terminate a contractor at its convenience for no reason at all. There does not need to be any breach of contract in place. However, the clauses typically require advance notice (such as 30 days).
Contract end by performance. A contract can end when the parties have done all that the contract requires of them. Contract end by agreement. A contract can end when both parties agree to end it before the work is complete. Contract end by frustration. Contract end for convenience. Contract end due to a breach.
The termination for convenience clause is designed to give the terminated party a more fair and equitable result than if it were terminated for cause since the termination does not result from its wrongful conduct — a breach of the contract.
Ensure Proper Grounds for Termination Common grounds for this sort of action include a breach of the contract terms, changes in business circumstances, or non-performance of the breaching party. Be sure that the grounds for termination are legally sound and appropriately documented.
A termination for convenience clause, or "T for C" clause, enables a party to a contract to bring the contract to an end without the need to establish that the other party is in default, for example because the client party's needs have changed, or in order to arrange for another party to complete the contract.
If a contract does not include a termination for convenience clause, termination for anything less than cause should entitle the terminated contractor to its loss profits for the project. Termination for convenience clauses also are becoming increasingly common in private works contracts.
A contractual right to terminate an agreement for any reason. It may also be referred to as termination without cause. A right to terminate for convenience usually requires the terminating party to provide a certain period of notice before the termination is effective and usually in writing.
If a contract does not have a termination clause, the involved parties may then defer to common law to find grounds for termination. The binding terms of a contract are not just words on a page; they are an extension of the law regarding contractual relationships.
If a written contract has no termination clause, the courts will still read into it the right to terminate the agreement upon breach or where the other party repudiates or renounces the contract.
Termination for convenience can be used when the upstream party is uncomfortable or would like to sever ties with the downstream party but does not have a reason to terminate for cause.
