Rights To Cancel
There are various legal factors that have to be considered when it comes to rights to cancel a construction contract. It is therefore advisable to make sure you have an experienced law firm on your side to ensure you are covered in every area. At Blackstone Solicitors, we are able to advise many different types of client, no matter the complexity of the circumstances surrounding your rights to cancel.
For more information about how our team of construction solicitors can help you, contact us on 0161 929 0121 or complete our online enquiry form and a member of the team will call you back at a convenient time.
How we can help
Contractual rights may include the right to cancel ‘at will’ where there has been no breach by the other party. The majority of standard form building contracts contain express provisions regulating the rights of either or both parties to terminate the contract in defined circumstances.
We are here to help advise upon the circumstances under which a right to cancel is applicable regarding development projects of any size. Be it a single local plot or a site on a much larger scale, we will work with you to make sure everything goes to plan.
Friendly yet direct, our team is passionate about every case we take on, and we believe the entire process requires constant communication. We will, therefore, guide you through the technicalities involved, offering expert advice from start to finish.
Why legal help is important
Most forms of contract will include clauses relating to rights to cancel, setting out the circumstances under which a contract may be terminated. When a contract is terminated, the parties to the contract are no longer obliged to perform their obligations contained within.
Terminating a contract can be complex, and it is very important that the correct procedures are followed. This may involve issuing notices setting out the grounds for termination, allowing warning periods, and giving the opportunity to remedy any breaches.
There are a number of reasons why one or both parties to a contract may seek to terminate the contract. These include:
Suspension – the contract is suspended for a number of reasons.
Determination – This ends the contractor’s obligations under the contract, but the contract remains in place, as do the rights of both parties.
Rescission – this is a process of returning both parties to the position they would have been in had they not entered into a contract.
Insolvency and Bankruptcy – where either or both parties become insolvent or bankrupt.
Convenience – this allows one party to terminate without having to establish that some event has occurred or breach has been committed by the other party.
Frustration – this occurs when neither party has defaulted on the original contract but other circumstances have intervened to prevent the contract from being performed as originally intended.
Repudiation – this occurs when a party commits a breach of contract that is sufficiently serious that it entitles the innocent party to treat the contract as terminated with immediate effect and to sue for damages for breach of contract
Breach of contract – If one of the parties to a contract fails to perform as required by the contract, this may constitute a breach of contract. If the breach of contract is serious (a material breach), then the innocent party may also consider that it is discharged from any further obligations under the contract.
It is essential to be cautious when proceeding with a right to cancel and all notices contained within the contract along with procedural requirements must be strictly adhered to.
Our team prides itself on being able to meet every need of each of our clients. We are willing to go the extra mile when other firms are not, ensuring our clients are given the very best opportunity of getting the outcome they are after. Get in touch to see how our specialist team can help and advise you on a right to cancel a construction contract.
Speaking to one of our solicitors is easy, simply call us on 0161 929 0121 or allow us to get in touch with you by filling in our online enquiry form. Our services are available to clients throughout the UK, including Manchester, London, Cheshire and Chester, as well as to those living abroad.