DETERMINATION

Determination Clauses = Determination Of Crs Employment Not Of The Ct

27.2.1 = Determination If Fail To Proceed Reg & Dil, = Very Hard To Prove
Lon Borough Of Hounslow V Twickenham Garden Developments Defendants Attacked Arch, But
West Faulkner Assoc V Lon Borough Of Newham, Arch = Negligent For Not Issuing Notice
Empr Can Not Issue Notice Of Determination Without Warning Notice From Arch

Jct 98 - Empr - Clause 27

Suspension Without Reasonable Cause

Failure To Proceed Reg. And Diligently
Failure To Remove Defective Work
Unauthorised Assignment / Subletting / Subcontrcting
Corrupt Practices
Insolvency = Automatic

Procedure

Written Notice - Deafault Continues For 14 Days

Notice Must Be Given Reasonably Or Vexatiously
Registered Post / Recorded Delivery

Consequences

Emp Can Employ Others To Complete Work - Using Acc, Plant, Mats Etc
Empr May Insist (Except Insolvency) To Take On Assignment Of Subs
All Equip Must = Removed When Ca Instructs
Mc Not = Payment Until Completion
Entitlement = Ct Sum Minus Cost Of Getting Works Complete Inc L&E / Damages, Usually Main Cr
Owes Empr

Jct 98 - By Cr - Clause 28

Lack Of Payment - 7 Days After 14 Days Payment Process

Interference By Empr Of Any Certificate
Suspension For Continuous Period (In Appx-Usually 1 Mth) For Following:-
Ais Dealing With Discrepancy, Varns Or Postponement
Late Issue Of Info
Late Supply Of Mats
Opening Up, When Proved To Be In Accordance With Ct
Failure To Give Access
Guilty Of Corrupt Practices (Instant)
Insolvency Of Empr - Automatic
Procedure

Written Notice But No Warning Shot Reqd

Notice Must = Reasonable
Registered Post / Recordrd Delivery

Consequences

Cr And Subs Must Remove All Equip / Mats (Insurances For Injury / Damage Remain Inforce)
Payment - Mc Entitled To :-
Value Of Work Completed At Time Of Determination
Value Of Work Begun But Not Completed
Mats Ordered (Then Become Property Of Empr)
Costs Of Removal From Site
Outstanding L&E Claims
L&E Caused By Determination

Clause 28a Determination By Cr Or Empr

Either Party Can Determine If Works Are Suspended For The Continuous Period, Stated In The
Appx, Due To The Following Events (28a.1)
Force Majeure
Loss Or Damage Due To One Or More Of Spec Perils
Civil Commotion
Ais Issued Due To Negligence Of Stat Auth
Hostilities Involving UK
Terrorist Activity
Must Not Be Caused By Crs Negligence
Notice Given By Either Party, Cr Employt Suspended Within 7 Days, Unless Suspension Is
Terminated Within That Period
Cr Must Remove Temp Bldgs, Tools Etc From Site
Cr Paid One Half Of Any Retention Ddt Prior To Determination
Within Two Mths Cr Must Provide All Info To Empr To Prepare Account
Including Value Of Work Exec
Any Direct Loss & Expense
Reasonable Costs Of Removal
Cost Of Mats / Gds Ordered For Which Cr = Legally Bound To Pay

Determination Of Nominated Sub-Crs

Prov Under Cl 35.25 For Ai To Be Issued, Cr Must First Inform Arch

Cr May Determine Due To One Of Specified Defaults / Insolvency / Corruption
No Ctl Prov Requires Main Cr To Complete Nom Sub Crs Work
Re-Nomination Is Necessary
Costs Incurred Due To Re-Nom / Rectifying Work = Borne By Empr
Can Then Be Recovered Under Nsc/W, Or By Deduction Of F/C
Sub-Cr Can Determine Own Employment, Due To Default Of Main Cr
Cr Must Pay Nom, Costs Incurred For Any Re-Nom, Borne By Main Cr
Nom-Sub Cr Employment = Automatically Determined When Main Ct Is Determined

Gc Works 1
(Empr Determination - Cr As Jct)

Failure To Comply With Pmi In Reasonable Time

Failure To Proceed Reg And Diligently
Insolvency / Financial Difficulties
Failure To Comply With Rules Of Admittance
Failure To Comply With Reqs Of Perf Bond / Pcg
Corrupt Practices
Breach Of Other Conditions Stated In Invitation To Tender
Right To Determine Without Reason - When = Govt Use