The decision by project owners to terminate a contract for default can be among the most formidable and costly that they face. Typically, a construction contract termination will be upheld if the terminating party can show that the contractor materially breached its contract, the material breach was not "excusable" by some other intervening factor, the termination was made in good faith, the breaching party and its surety were given adequate notice, and the contractual termination provisions were strictly followed.
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