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28 Jun 2013

IACCM Thought Leadership Webinar - Termination for Convenience Clauses in the Private Arena

If you do a thesaurus search of the word 'termination,' you'll find words such as 'extinction, annihilation, execution, slaughter, and massacre.' It is no wonder then, that when a contractor is told he is being terminated from a project, words of the four letter variety are quickly flying about the room and you are receiving messages from your secretary that your client has called four times, insists it is urgent and is inquiring 'can they really do that?'When embarking on a new construction project, termination is often the last thought that crosses the parties' minds and is therefore often given relatively short shrift in the contract drafting and negotiation stage. In the current economic climate, however, given the uncertainties that can plague even the most well planned construction project, contract termination is a potential outcome parties simply cannot ignore.  In this webinar Tracy Vann, a licensed attorney in North Carolina and South Carolina who  practices exclusively in the field of construction law, discusses termination for convenience clauses and their recent emergence in most contracts for construction.  Tracy discusses the history behind these clauses, recent case law governing enforceability, regularly litigated language and issues within these clauses, and key issues to consider when negotiating and/or drafting one of these clauses.  Our speaker:Tracy VannTracy Vann is a litigator practicing with the Nexsen Pruet Construction Group in Charlotte.Ms. Vann represents owners, contractors and design professionals in a full range of business disputes, including claims arising from: Delay, scheduling or changes in scope; Construction or design defects; Insurance and indemnity agreements; Mechanic's liens; Payment/performance bonds.She has also represented clients in state and federal courts on matters related to insurance, real property and commercial landlord/tenant litigation. Additionally, Ms. Vann assists clients with mediation, arbitration and in negotiating pre-litigation compromises. Ms. Vann practiced previously with Hamilton Martens Ballou & Carroll in Rock Hill, SC.CAREER HIGHLIGHTS 16th Circuit Representative, SC Young Lawyer's Division Diversity Fellow, ABA Forum on the Construction Industry Editor and Author, South Carolina Construction Law Deskbook, 1st Ed. Top '20 under 30,' Herald Newspaper, Rock Hill, SC Law Clerk for the Honorable John C. Hayes, Sixteenth Judicial Circuit Court South Carolina Super Lawyer "Rising Star" in Construction Litigation (2013)


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