What is the process for terminating or renewing a government contract?

The process for terminating or renewing a government contract in North Carolina is largely dependent upon the specific terms of the contract itself. Generally, the contract must explicitly state the language surrounding any potential termination or renewal, both in terms of the process and timeline. In most cases, government contracts can be terminated prior to their expiration in the event of nonperformance, misperformance, or breach of contract. However, the government body must notify the contractor in writing with an explanation and a period of 30 days to correct the issue. If the issue is resolved during this period, continuation of the contract is permissible. Government contracts in North Carolina also typically include an option for renewal if the scope and terms of the contract remain unchanged. The process for renewal typically consists of the contracting party providing a notice to the other party of intent to renew the contract and the other party providing written acknowledgement of the notice. Finally, if any party wishes to terminate or renew a government contract, North Carolina requires that, prior to the action being taken, all disputes arising out of the contract be resolved by “alternative dispute resolution” such as negotiation, mediation, or arbitration. This ensures that any disputes are handled amicably and fairly.

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