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Subcontract for Construction of Portion of or Materials to go into...

Alameda California Subcontract for Construction of Portion of or Materials to go into Building with Provisions that upon Termination for Cause Contractor May Complete Work and Retain all Amounts due Subcontractor

Name: Alameda California Subcontract for Construction of Portion of or Materials to go into Building with Provisions that upon Termination for Cause Contractor May Complete Work and Retain all Amounts due Subcontractor
Brand: US Legal Forms
Rating: 4.85 (217 reviews)

Category:

Construction - Contractors - Subcontractors

State:

Multi-State

County:

Alameda

Control #:

US-13277BG

Format:

Instant download

Description

A subcontractor performs work under a contract with a general contractor, rather than the employer who hired the general contractor.

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How to fill out Alameda California Subcontract For Construction Of Portion Of Or Materials To Go Into Building With Provisions That Upon Termination For Cause Contractor May Complete Work And Retain All Amounts Due Subcontractor?

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FAQ

A Termination for Default is the complete or partial termination of a contract because of a contractor's actual or anticipated failure to meet its contractual obligations. A Termination for Cause is the term used for a Termination for Default in a FAR PT 12 contract for the acquisition of commercial items.

The TCO will be responsible for negotiating any settlement with the contractor, including a no-cost settlement if appropriate. When the contracting officer terminates a contract for convenience, the government is liable to the contractor for the contractor's incurred costs and profit on all work performed.

Rescission is the legal term for cancelling or overturning a contract where there has been fraud, misrepresentation, mistake, duress, or undue influence. Rescission essentially voids the contract from the beginning, while termination means the parties are under no obligation to perform in the future.

Failing to perform your obligations under a contract gives rise to serious consequences. It allows the innocent party to terminate the contract. A breach of contract occurs when a party to a contract fails to fulfil its promises in accordance with the provisions of the agreement.

Grounds for termination A common law right to terminate will arise in three circumstances: a breach of an essential term; a sufficiently serious breach of a non-essential term; or. the repudiation or renunciation of the contract by the other party.

(l) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon.

Defaulting means failing to live up to one's obligation. In contract law, when one of the parties to a contract fails to fulfill his obligation in the contract, he is said to be "in default."

Termination of a contract entails cancelling the contract before the parties have fully performed their obligations. All contractual obligations will cease to exist upon valid termination. Your rights to terminate arise under the law or otherwise under clauses within the contract you have entered into.

There is no legal difference between FAR termination for cause vs default. A government default termination appeal can be heard at the respective Board of Contract Appeals or the U.S. Court of Federal Claims. There are specific deadlines to file your appeal.

Two accrued obligations that are most commonly recognised by the courts as surviving termination are: The obligation to pay money due under a contract; and. The obligation to pay compensation/damages.

More info

Before a final decision is made and up to full contract execution. Provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will. Licensed bidders to include their license number on all construction contracts, subcontracts and calls for bid. Transportation, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. City of Berkeley Contracting Policies). The successful bidder and all subcontractors, at any tier,. Reemployed on the work. 6.3. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. Bid forms are provided in the Section titled "Bid Proposal".

Alameda California Subcontract for Construction of Portion of or Materials to go into Building with Provisions that upon Termination for Cause Contractor May Complete Work and Retain all Amounts due Subcontractor

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What is the difference between termination for cause and termination for default?

What is the contractor liable for under a contract terminated for default or cause?

What is it called when you terminate a contract?

Can part of a contract be terminated?

What grounds can a contract be terminated?

Can the contracting officer terminate the remaining portion of the contract?

What does it mean to default on a contract?

What happens when a construction contract is terminated?

Is default the same as termination?

What obligations survive termination of contract?

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