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Should a client accept the Termination language in the last sentence below?

FloridaBack ChargesPayment Disputes

Roofing contractor in Florida has a clause in their Agreement, regarding the right of the non breaching party to terminate the agreement with 2 days notice and the client to pay the contractor for completed work including labor and purchased materials prior to the termination. but the clause also includes the following language ..."in addition to the contractors overhead and profit on the portion of work uncompleted as of the cancellation date." Is this last sentence usual language which should be acceptable to the client. Why would the client have to pay anything on uncompleted work when the contractor is in breach?

1 reply

Jan 24, 2022
I've seen that kind of language before, but usually in the context of termination for convenience. It's unusual for this language to be in a remedies for breach provision. Parties can bargain for almost anything, but I'd tell my client to cross it out.
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