Termination for Convenience – What Is It & How Does It Work

A new administration took office on January 20, 2021. During the first afternoon in office the President issued a Proclamation On The Termination Of Emergency With Respect To The Southern Border Of The United States And Redirection Of Funds Diverted To Border Wall Construction. In this proclamation the President directed all “…” appropriate officials within their respective departments to pause work on each construction project on the southern border wall … as soon as possible but in no case later than seven days from the date of this proclamation…” The proclamation also directed all departments to produce plans to terminate or repurpose contracts then under construction. The government determined to terminate some, or all the border wall contracts under the Termination for Convenience clause included in each contract. This webinar discusses Terminations for Convenience – what are they and what should owners and contractors do when a decision is made to terminate a construction project for convenience.

Webinar Objectives

• Understand the use of the Termination for Convenience clause
• Learn about the owner’s almost unlimited authority to termina all or some of the work at any time
• Become familiar with how a termination for convenience should be implemented
• Understand what damages a contractor may recover

Webinar Agenda

• Introduction
• What is a Termination for Convenience
• Brief history of the Termination for Convenience clause
• Impact of the Christian Doctrine
• Purpose of the clause
• Common reasons for Terminations for Convenience
• Construction Terminations for Convenience
• Enforcement of the Termination for Convenience clause
• When can the government terminate for convenience
• Operation of the Termination for Convenience clause
• What costs may be included in a Termination for Convenience settlement
• Tips for contractors if they receive a Termination for Convenience directive
• Conclusion
• Questions & discussion

Webinar Highlights

• What is a termination for convenience?
• The enforceability of Termination for Convenience clauses under federal, state, and private contracts
• How does the Termination for Clause operate?
• What damages may a contractor recover under the clause?
• Tips for contractors if they receive termination for convenience directive

Who Should Attend

• Owners
• Contractors 
• Construction Executives
• Subcontractors
• Design professionals 
• Construction managers