What is the Right of Termination?
The right of termination in procurement covers the possibilities for authorities and contractors to prematurely end a public contract. § 133 GWB contains special procurement-related termination grounds.
Procurement Termination Grounds (§ 133 GWB)
The authority may terminate when a substantial modification would require new procurement, mandatory exclusion grounds exist (§ 123 GWB, termination then obligatory), optional exclusion grounds arise (§ 124 GWB), or the CJEU finds an EU law violation.
VOB/B Termination (Construction)
Free termination: authority may terminate at any time; contractor receives compensation for performed work plus lost profit. Termination for cause: defective performance, delay, insolvency; no lost profit claim.
Practical Tip
Contract terminations often lead to re-procurement. Patterno notifies you when services are re-tendered after a termination.