[CLC-Discussion] Termination of Subcontract based on Extended Suspension of Project

[Reese J. Henderson, Jr.]

Looking for any legal authority that would allow a finish subcontractor out of its subcontract under circumstances where the owner and general contractor are still trying to resolve soils issues more than a year after the project started, leaving the project at a stand-still.  As a result, vertical construction has not started – meaning the project is months away from being ready for my client’s work (at a minimum) – and further meaning my client’s prices will be at least two years old by the time it is asked to mobilize.  There is nothing in the subcontract that addresses this situation (this is not an AIA contract) and there are no price escalation provisions in the subcontract.  Research under the term “abandonment” mostly produces cases involving a contractor abandoning a project and the owner’s remedies in that situation.  Research under “rescission” produces a lot of cases involving real estate purchase and sale agreements.  Research under “delays” deals with in-project delays and the sub’s right to delay costs, including extended supervision, etc.  Any thoughts or suggestions – or, even better, actual cases – that might provide a path to relief from the subcontract itself would be appreciated.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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