Many contract termination actions initiated because of contractor default are subsequently executed for the convenience of the Government. This may result in the loss of the Government's right to recover excess reprocurement costs and other damages. The research effort was designed to determine the scope of the problem and, by analyzing individual cases, to identify common elements leading to termination conversions. United States Air Force contracts over a three-year period were studied, including both those terminations for default that were appealed to the Armed Services Board of Contract Appeals and those converted to termination for convenience by negotiation at the contracting officer level. The investigation was hampered by decentralized data but some conclusions were drawn, especially that most termination conversions are negotiated at the contracting officer level. The use of data base management systems was recommended so that data could be centrally collected for further research and management of this problem area. (Author).

Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties

The overall audit objective was to determine whether contracting officer determinations of responsibility of contractors addressed pertinent issues and were supported by facts available before the award of contracts. Specifically, the audit focused on contracts terminated either for default or convenience and determined whether the contract terminations could have been averted based on information available before contract award. The audit also evaluated how information on contractor defaults is collected for future use in determining a contractor's past performance. In addition, the audit assessed the adequacy of the management control program at DoD contract administration and buying commands as it applied to determinations of contractor responsibility.

A continuation of the successful Government Contracts in a Nutshell, 6th, this expanded Principles of Government Contracts, 7th summarizes the Federal Acquisition Regulation System (FARS), improper business practices and personal conflicts of interest, publicizing contract actions, and competition requirements. Addresses acquisition planning, contractor qualifications, and descriptions of agency needs. Explains socio-economic policies, commercial items, contract types, options, sealed bidding, and contracting by negotiation. Reviews intellectual property, cost accounting standards, cost principles, financing, protests, disputes, and appeals. Explores research and development contracting, construction and architect-engineer contracts, inspection and warranty, value engineering, delays, suspension of work, changes and equitable adjustments, subcontracting, and government contract terminations for default and convenience.

Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.