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
