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Terminate contract

OhioConstruction Contract

I am a subcontractor. I signed a subcontract agreement with a general contractor. Prior to ever even mobilizing, dealings with this contractor have been a very bad experience. No materials or labor have been purchased for this project and id like to just cut ties and walk away. Will i be bound by the signed contract. No monies have been paid out or invoiced.

20 replies

Dec 4, 2020
Whether you can walk away without consequence depends on the language of the subcontractor agreement. Is there a liquidated damages clause? A clause making you liable for delay? If there is no provision specific to termination, you can likely give notice that you are terminating the contract. Be prepared for the general to allege that you walking away caused him some sort of damage.
 
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Dec 4, 2020
There is verbiage in the contract for Lds and delays of course. I'm not sure how they can charge me any monies due to the fact there is no money to withhold being there has been no transfer of any funds between us. I guess they could make the argument that the project is delayed due to our decision to back out leaving them with short notice to find another contractor. Most of the provisions related to termination are beneficial to the GC of course. They seem to have the ability to change or modify schedule and or termination for any reason they seem fit.
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Dec 7, 2020
That sounds right. Most contracts favor the higher tier party. The earlier you terminate, the less damages the GC can allege for delay. Keep communication lines open with the GC so that you are not surprised by a negative response and a huge demand for delay damages.
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Dec 9, 2020

This is a contract specific question, and the contract must be reviewed in order to get a proper answer, but the short answer is, yes you will be bound by the signed contract. 

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