Sak & Associates, / Cross- Res. v. Ferguson Construction, / Cross-app.

¶1

Verellen, A.C.J.

Subcontractor SAK & Associates Inc. contends general contractor Ferguson Construction Inc. wrongfully terminated their contract by invoking an illusory termination for convenience clause and failing to give proper notice of the termination. There are no Washington cases addressing such clauses in private construction contracts. A termination for convenience clause is enforceable when supported by adequate consideration. Here, partial performance provides adequate consideration. Ferguson also gave SAK adequate notice of termination.

¶2 Accordingly, we affirm.

FACTS

f 3 In April…