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Terminate Building Contract
"I need to Terminate Building Contract with ABC Construction Corp due to their repeated delays and quality issues on our commercial building project, with termination planned for March 15, 2025; document must include detailed provisions for handover of partially completed works and settlement of outstanding payments."
1. Parties: Identification of the parties to the contract, including the Employer and the Contractor
2. Background: Details of the original building contract, including date, project description, and reference numbers
3. Definitions: Key terms used in the termination agreement
4. Notice of Termination: Formal declaration of contract termination and effective date
5. Grounds for Termination: Specific reasons for termination with reference to relevant contract clauses or legal provisions
6. Outstanding Works Status: Current status of the construction works and percentage of completion
7. Handover Requirements: Process for site handover, including materials, equipment, and documentation
8. Financial Settlement: Terms for final payment, including outstanding payments and retention money
9. Release and Discharge: Mutual release from future obligations, subject to specified exceptions
10. Surviving Obligations: Obligations that continue after termination (warranties, confidentiality, etc.)
11. Governing Law: Confirmation of Philippine law as governing law
1. Dispute Resolution: Include when there are unresolved disputes or likely contentious issues
2. Intellectual Property Rights: Include when there are design rights or other IP issues to be addressed
3. Insurance and Bonds: Include when dealing with outstanding insurance claims or performance bonds
4. Subcontractor Provisions: Include when there are significant subcontractor relationships to be addressed
5. Defects Liability: Include when there are ongoing warranty obligations for completed works
6. Anti-Corruption Compliance: Include for government projects or when required by corporate policies
7. Force Majeure Events: Include when termination is related to force majeure circumstances
1. Schedule 1 - Project Details: Details of the original contract, amendments, and current status
2. Schedule 2 - Outstanding Works: Detailed list of incomplete works and their status
3. Schedule 3 - Financial Statement: Detailed breakdown of payments made, outstanding amounts, and final settlement calculations
4. Schedule 4 - Material and Equipment Inventory: List of materials and equipment on site and their disposition
5. Schedule 5 - Required Documents: List of documents to be handed over (permits, warranties, as-built drawings, etc.)
6. Schedule 6 - Defects List: List of known defects and remedial works required
7. Appendix A - Site Handover Protocol: Detailed procedure for site handover and inspection
8. Appendix B - Release Forms: Template forms for mutual release and discharge
Authors
Original Contract
Termination Date
Effective Date
Project
Site
Works
Outstanding Works
Completion Certificate
Contract Price
Final Account
Retention Money
Performance Security
Defects Liability Period
As-Built Documents
Construction Documents
Force Majeure Event
Material Breach
Substantial Completion
Practical Completion
Contract Documents
Specifications
Building Permits
Construction Schedule
Variations
Project Manager
Engineer
Architect
Employer
Contractor
Subcontractor
Construction Equipment
Materials
Temporary Works
Permanent Works
Outstanding Payments
Liquidated Damages
Claims
Dispute
Release Date
Handover Protocol
Settlement Amount
Surviving Obligations
Confidential Information
Intellectual Property Rights
Warranties
Defects
Site Records
Quality Assurance Documents
Safety Documents
Termination Notice
Grounds for Termination
Effective Date
Site Access and Security
Handover Requirements
Payment and Settlement
Release and Discharge
Outstanding Works
Materials and Equipment
Document Delivery
Intellectual Property
Confidentiality
Warranties
Defects Liability
Insurance
Performance Security
Dispute Resolution
Governing Law
Force Majeure
Subcontractor Relations
Health and Safety
Environmental Compliance
Labor and Employment
Indemnification
Notices
Assignment
Entire Agreement
Severability
Waiver
Costs and Expenses
Further Assurance
Third Party Rights
Anti-Corruption
Counterparts
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Government Infrastructure
Healthcare Construction
Educational Facilities
Hospitality Development
Retail Development
Legal
Construction
Project Management
Finance
Operations
Commercial
Procurement
Risk Management
Compliance
Contract Administration
Project Director
Construction Manager
Contract Administrator
Legal Counsel
Project Manager
Quantity Surveyor
Chief Financial Officer
Risk Manager
Procurement Manager
Site Engineer
Commercial Director
Operations Director
Development Manager
Claims Manager
Compliance Officer
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