How might an appointment be terminated?

Like a building contract, there are a number of ways in which a consultant's engagement on a construction project might be terminated, including:

1. •

   by performance—ie the contractual obligations being fully performed by the employer and consultant

2. •

   the parties reaching an agreement to release each other from their obligations

3. •

   as a result of a misrepresentation/fraud (see Practice Note: Misrepresentation—rescission as a remedy)

4. •

   frustration (see Practice Note: Discharge by frustration)

5. •

   at common law for repudiatory breach of contract (see Practice Note: Repudiation of contract)

6. •

   pursuant to an express contractual provision (which may allow termination upon the occurrence of specified events and/or may allow the employer to terminate at will)