Terminated building contract

[Kathy Jaques]

When a contract is terminated can either party to the contract be held to the terms of the terminated contract.

 

[Rob Legat - SBPL]

Generally not, but there’s not enough information to tell for certain. In very simple terms, a contract in breach can either be affirmed or terminated. Termination means you walk away, with or without an action for damages. Affirmation means you keep going, also with or without damages, and could include things like ‘specific performance’ where a party is compelled to comply with their contractual obligations (this is not always available).

Some terms may survive a termination by express agreement or by law. A confidentiality clause is a good example of this.