Terminating Construction Contracts for Breach of Progress Obligations - The Key Principles

Introduction

One of the most common grounds for termination under a construction contract is serious breach(es) of a contractor/subcontractor’s progress obligations. Assessing the merits of this ground for termination requires careful examination of the facts and evidence, by reference to the key points or periods in time.

This webinar identifies the key principles and explores how to approach a review of the merits in practice, looking at typical classes of records, factual and evidential issues as well as highlighting procedural issues and traps to avoid.

What You Will Learn

This webinar will cover the following:

• The importance of complying with procedural requirements
• The different types of progress obligations
• Judicial interpretations of obligations to proceed ‘regularly and diligently’ (one of the most common progress obligations)
• How to investigate and assess the merits, identifying the key points or periods in time and the facts and evidence required
• The do’s and don’ts when preparing to terminate
• Interrelationship with repudiation

This webinar was recorded on 1st May 2024

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