nerdexam
(ISC)2

CAP · Question #147

Eric is the project manager of the NQQ Project and has hired the ZAS Corporation to complete part of the project work for Eric's organization. Due to a change request the ZAS Corporation is no longer

The correct answer is C. It depends on what the termination clause of the contract stipulates.. When a contract is terminated before completion - especially due to a change in project needs (termination for convenience) rather than vendor default - the obligations of both parties are governed by the termination clause in the contract. Most contracts include a termination fo

Security and Privacy Governance, Risk Management, and Compliance Program

Question

Eric is the project manager of the NQQ Project and has hired the ZAS Corporation to complete part of the project work for Eric's organization. Due to a change request the ZAS Corporation is no longer needed on the project even though they have completed nearly all of the project work. Is Eric's organization liable to pay the ZAS Corporation for the work they have completed so far on the project?

Options

  • AIt depends on what the outcome of a lawsuit will determine.
  • BNo, the ZAS Corporation did not complete all of the work.
  • CIt depends on what the termination clause of the contract stipulates.
  • DYes, the ZAS Corporation did not choose to terminate the contract work.

How the community answered

(24 responses)
  • A
    8% (2)
  • B
    4% (1)
  • C
    83% (20)
  • D
    4% (1)

Explanation

When a contract is terminated before completion - especially due to a change in project needs (termination for convenience) rather than vendor default - the obligations of both parties are governed by the termination clause in the contract. Most contracts include a termination for convenience clause that specifies how the vendor will be compensated for work completed and reasonable costs incurred up to the point of termination. Without reviewing the contract's termination clause, it cannot be determined whether ZAS Corporation is owed full or partial payment. The fact that ZAS did not complete all work (B) is not automatically a basis for non-payment, and the outcome should not require a lawsuit (A) if the contract addresses this scenario.

Topics

#Contract Management#Termination Clauses#Vendor Management#Legal Liability

Community Discussion

No community discussion yet for this question.

Full CAP Practice