In Plain English
Quick Answer
The owner firing the contractor for serious failure to perform their contract obligations.
Definition
Definition
Termination for cause is the owner's right to end a contractor's employment on a project due to the contractor's failure to perform, abandonment, insolvency, or other material breach after proper notice and opportunity to cure. It allows the owner to engage another contractor to complete the work at the defaulting contractor's expense. Wrongful termination-for-cause exposes the owner to significant liability.
Context
Why It Matters in Bidding
The termination-for-cause clause shapes the risk a contractor takes on, because a wrongful default can saddle it with the cost to complete plus reputational and bonding fallout. Estimators and contract reviewers should weigh the notice-and-cure provisions and any liquidated-damages exposure when deciding how much risk contingency to carry, since these terms govern what happens if performance slips.
Example
Example
During bid review, a GC's contract reviewer confirms the termination-for-cause clause requires written notice and a cure period before default, and flags the missing cure language to legal before deciding whether to add risk contingency to the bid.
See Also
Related Terms
FAQ
Questions Contractors Ask
What must an owner do before a termination for cause?
Standard contracts require the owner to give written notice of the default and a reasonable opportunity to cure before terminating. Skipping these steps can convert a justified default into a wrongful termination, exposing the owner to damages. Contractors should confirm notice-and-cure language exists before signing, since it materially affects their risk.
What happens to the contractor's payment after termination for cause?
The owner typically withholds further payment until the work is completed by others, then charges the cost of completion against the contract balance and the defaulting contractor. If completion costs exceed the remaining balance, the contractor and its surety can owe the difference, which makes this exposure significant to weigh at bid.
How does termination for cause differ from termination for convenience?
Termination for cause requires contractor fault, such as nonperformance or breach, and shifts completion costs to the contractor. Termination for convenience needs no fault and entitles the contractor to payment for work done plus overhead and profit on that work. The recovery and risk are very different, so the distinction is critical at signing.
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