Construction analysis: The Technology and Construction Court (TCC) granted declarations sought by an employer in relation to unlawful suspension and termination of a design and build contract and the contractor’s consequent repudiatory breach. The TCC held that suspension and termination notices served by the contractor, in relation to an alleged prevention of work by the employer by its failure to provide instructions in relation to asbestos removal work and structural repairs, were not valid.
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Pay less noticeNotice of payer’s intention to pay less than the notified sumReference: [insert appropriate reference to the contract and project]Date: [insert date]To: [insert recipient’s name]Payment due date: [insert the relevant due date of the payment, determined in accordance with the
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an addition, omission, or substitution to the works, or through a change to the manner in which the works are to
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a
What is the difference between termination, determination and a voided contract?In respect of commercial contracts, under English law there is no significant difference between the terms ‘termination’ and ‘determination’.A contract can be terminated or determined where a party to a contract conducts
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