William J. McConnell - Fundamentals of Construction Claims

Sincerely,

Contractor

Per Section 11.5 of the ConsensusDocs 200, the contractor can terminate the agreement, if the contractor issues the owner a seven-day written notice of termination through no fault of contractor, and:

the work is stopped for a 30-day period due to one of the following scenarios:court order or order of other governmental authority;governmental act during which materials are not available; orsuspension by owner for convenience per Section 11.1.

the owner fails to cure one of the following issues within three days upon receipt of the contractor's notice of termination:fails to provide the contractor proof of funding per Section 4.2;assigns the agreement upon the contractor's reasonable rejection;fails to pay the contractor per the terms of the agreement and the contractor has stopped work per Section 9.5; orotherwise materially breaches the agreement.

Upon proper termination by the contractor, the contractor is entitled to recover payment for all work executed and for any proven loss, cost, or expense in connection with the work, including all demobilization costs plus reasonable overhead and profit on work not performed.

Via Certified Mail and Hand Delivery

April 23, 20__

Owner

Address

Re: Project: Project Name

Subject: Section 11.5 – 7-Day Notice of Termination

Dear Owner,

Pursuant to Section 11.5 of the ConsensusDocs 200, Contractor hereby notices Owner of its intention to terminate the Contractor's agreement with the Owner within seven (7) days of the date of this letter. The reason for this notice of termination is a result of the court order that Contractor received on February 1, 20__, which is well over 30 consecutive days ago, that prevents Contractor from continuing the Work on the Project for reasons that have nothing to do with the Contractor. The court order, which is attached herein, relates to the Owner's dispute with a neighboring property owner. If you have any questions or comments, please contact Contractor at your convenience.

Sincerely,

Contractor

Per Section 16.04.A of the EJCDC C-700, the contractor can terminate the agreement, upon issuance of a seven-day notice to the owner and the engineer and provided the owner or the engineer do not remedy the issue within such time, if one of the following scenarios exists through no fault of the contractor:

if work is suspended for more than 90 consecutive days by the owner, court order, or order from other public authority;

if the engineer fails to act on a contractor payment application within 30 days from submission; or

if the owner fails to fund the contractor's payment application within 30 days from when it is due.

In the event of a proper termination by the contractor, the contractor is entitled to recover from the owner costs for completed and uncompleted work plus fair and reasonable sums for overhead and profit, as well as expenses directly attributable to termination.

Via Certified Mail and Hand Delivery

April 23, 20__

Owner and Engineer

Address

Re: Project: Project Name

Subject: Section 16.04.A – 7-Day Notice of Termination

Dear Owner and Architect,

Pursuant to Section 16.04.A of the EJCDC C-700 General Conditions, Contractor hereby notices Owner and Engineer of its intention to terminate the Contractor's agreement with the Owner within seven (7) days of the date of this letter. The reason for this notice of termination is a result of the court order that Contractor received on November 15, 20__, which is well over 90 consecutive days ago, that prevents Contractor from continuing the Work on the Project for reasons that have nothing to do with the Contractor. The court order, which is attached herein, relates to the Owner's dispute with a neighboring property owner. If you have any questions or comments, please contact Contractor at your convenience.

Sincerely,

Contractor

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