IT Contracts and Dispute Management
A Practitioner’s Guide to the Project Lifecycle
Steven Baker, Lawrence Akka and Rachel Glass
Chapter 13: TERMINATION RIGHTS
A Practitioner’s Guide to the Project Lifecycle
Steven Baker, Lawrence Akka and Rachel Glass
Extract
Chapter 13 considers commonly used contractual termination mechanisms as well as the customer and supplier's termination rights at common law. It examines clauses permitting termination for ‘material’ breach, ‘any’ breach and termination for non-payment, and what is understood by the law to be a breach which is remediable in nature. It also considers the position of a party which feels it has been the victim of a repudiatory breach of contract and its options to enforce or end the contract as a result. Finally, this chapter considers the practical implications of termination rights arising or being exercised, including reservations of rights, whether work on the project should be suspended and the operation of contractual ‘exit’ mechanisms.
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