Termination and suspension

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Most recent Termination and suspension content

Practice notes

Repudiation

RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...

22nd Sep

In-house

Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...

15th Sep

COVID-19

Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...

Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep

COVID-19

Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...

15th Sep

COVID-19

Q&As

Is a dispute resolution clause still binding between the parties when a contract terminates?

Is a dispute resolution clause still binding between the parties when a contract terminates?This Q&A focuses on whether a dispute resolution clause is...

13th Sep

Q&As

What termination notice period can be implied into a verbal business-to-business contract for services?

What termination notice period can be implied into a verbal business-to-business contract for services?The Practice Note: Termination and expiry of...

13th Sep

Q&As

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...

Produced in partnership with XXIV Old Buildings 13th Sep

COVID-19

Q&As

What circumstances amount to either a fundamental breach or breach of a fundamental condition of a contract, entitling a party to repudiate a contract? In what circumstances may a party argue that a contract has been frustrated?

What circumstances amount to either a fundamental breach or breach of a fundamental condition of a contract, entitling a party to repudiate a...

13th Sep

Q&As

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination payment is payable regardless of the reason for termination, even in the event of the repudiatory breach of the supplier.

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination...

13th Sep

Q&As

Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?

Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?Traders seeking to rely on force majeure...

13th Sep

COVID-19

Q&As

Can an employer who has served a notice of termination in relation to material breaches on a contractor, which turned out to be insufficient to properly terminate under the contract, then rely upon the notice as acceptance of repudiatory breach and therefore termination of the contract at common law? Did the employer waive its right to claim common law termination in that it was clear the contractual mechanism for termination was intended to be used?

Can an employer who has served a notice of termination in relation to material breaches on a contractor, which turned out to be insufficient to...

13th Sep

Q&As

Where X terminates its contract with Y for Y’s material breach, is X still required to follow the contractual dispute resolution processes set out in the contract? (The contract is silent as to whether material breach negates the dispute resolution clause). Is there any case law on this?

Where X terminates its contract with Y for Y’s material breach, is X still required to follow the contractual dispute resolution processes set out in...

9th Sep

Practice notes

Force majeure in construction contracts

Force majeure in construction contractsWhat is force majeure?Force majeure is used to describe an event that occurs which is beyond the control of the...

6th Sep

COVID-19

In-house

Practice notes

FIDIC contracts 2017—termination by the Contractor

FIDIC contracts 2017—termination by the ContractorThis Practice Note considers termination by the Contractor under the FIDIC Red, Yellow and Silver...

Produced in partnership with Victoria Tyson of Corbett & Co 3rd Sep

Practice notes

FIDIC contracts 2017—termination by the Employer

FIDIC contracts 2017—termination by the EmployerThis Practice Note considers termination by the Employer under the FIDIC Red, Yellow and Silver Books...

Produced in partnership with Victoria Tyson of Corbett & Co 18th Aug

Practice notes

Material breach in construction contracts

Material breach in construction contractsThis Practice Note considers the relevance of material breach in the context of construction projects, looks...

13th Aug

Practice notes

Termination of a consultant's appointment

Termination of a consultant's appointmentThis Practice Note looks at how consultant’s appointments might be terminated, explores the approach taken in...

11th Aug

Precedents

Notice of intention to terminate—construction contracts

Notice of intention to terminate—construction contractsNotice of intention to terminate[To][Date]By [Email, Fax and First Class Pre-Paid Post]Dear...

11th Aug

Practice notes

NEC contracts—termination

NEC contracts—terminationThe NEC contracts contain detailed provisions for termination, setting out the grounds on which the parties may terminate and...

Produced in partnership with DAC Beachcroft 11th Aug

Practice notes