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IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
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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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