La. Admin. Code tit. 34 § III-117

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-117 - Termination of Contract

A. The contract between owner and designer may be terminated by either party upon 30 days written notice to the other party, should said other party fail to perform in accordance with its terms, through no fault of the terminating party, or the contract may be terminated by mutual consent.

B. In the event of termination by the owner due to failure of the designer to perform satisfactorily, the designer shall receive no compensation beyond that already paid or due for the last satisfactorily completed phase. Any work done shall become the property of the owner to be used at the owners discretion without additional compensation to the designer. No compensation shall be paid to the designer for any uncompleted phase, except by written agreement between owner and designer prior to termination. Such termination shall constitute the designer being held at fault under the terms of R.S. 38:2313(B)(5), which provides that problems with time delays, cost overruns or design inadequacies for which the designer is held to be at fault, shall be taken into account by the selection boards in considering past performance on public projects.

C. In the event the contract is terminated by mutual consent, the designer shall be paid for all work completed prior to termination, and all work done shall become the property of the owner to be used at the owners discretion without additional compensation to the designer.

La. Admin. Code tit. 34, § III-117

Promulgated by the Office of the Governor, Division of Administration, Facility Planning and Control, LR 8:478 (September 1982), amended LR 11:854 (September 1985), Amended by LR 461570 (11/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1410.