AL STATESupreme Court of Alabama
2010

Public Building Authority v. St. Paul Fire & Marine Insurance

80 So. 3d 171Supreme Court of Alabama • Decided 2010Enforced

HOLDING

The Public Building Authority terminated a jail construction contract with Dawson Building Contractors using a 'termination for convenience' clause. The court ruled that once a termination for convenience is issued, it completely ends the contract and the contractor owes nothing more. The PBA could not later claim it was actually a 'termination for cause' to avoid paying what was owed. This matters to subcontractors because it protects your right to payment when a project is terminated for convenience—the owner cannot switch reasons mid-stream to deny you money.

KEY FINDINGS

Termination for Convenience

A termination for convenience is final and complete—it cannot be converted to termination for cause after the fact without explicit contract language allowing it.

Pay-When-Paid

Once terminated for convenience, you stop work immediately and are entitled to payment for work completed, even if the owner later claims cause existed.

FULL COURT OPINION