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APC Final Revision > Contract Practice > Flashcards

Contract Practice Flashcards

1
Q

JCT D&B Contract components

A
  • Contract
  • Amends
  • ER’s
  • Appendix
    (CSA,
    Design,
    Site Info,
    Prelims,
    Warranty,
    Bond,
    PCI,
    TQ,
    Clarifications)
    Contractor’s Proposals
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2
Q

JCT Contents;

A
  • (ACS)
  • AGREEMENT (RECITALS, ARTICLES, PARTICULARS, ATTESTATION)
  • CONDITIONS
  • SCHEDULES
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3
Q

Agreement

A
  • Agreement comprises the
  • Recital
  • Articles and
  • Contract Particulars, followed by the
  • Attestation clauses.
  • The Contract Particulars set out what is required for both the Articles and the Conditions.
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4
Q

Recitals (overview of works)

A
  • Brief description of the Works,
  • identifies the Contract Drawings listing and a
  • brief description of the Contractor’s Designed Portion (if applicable).
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5
Q

Articles

A
  • OSD
  • Articles 1 and 2 summarising the primary Obligations under the Contract,
  • Articles 3 to 6 dealing with relevant contractual and Statutory - appointments and
  • Articles 7 to 9 with Dispute resolution
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6
Q

Contract Particulars

A
  • Completion date, sections,
  • site possession date,
  • LD’s,
  • rectification period & amount,
  • listed items,
  • period of suspension.
  • Supp. Provisions applying e.g. acceleration quotations, change
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7
Q

Attestation

A

Contract execution as a deed or under hand

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8
Q

Conditions

A
  1. Definitions and Interpretation –
  2. Carrying out the Works –
  3. Control of the Works –
  4. Payment–
  5. Changes–
  6. Injury, Damage and Insurances –
  7. Assignment, Performance Bonds and Guarantees, Third Party Rights and Collateral Warranties–
  8. Termination –
  9. Settlement of Disputes
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9
Q

Schedules

A
  • Design Submission Procedure –
  • Supplemental Provisions
  • Insurance Options –
  • Code of Practice –
  • Third Party Rights –
  • Forms of Bonds –
  • JCT Fluctuations Option A
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10
Q

What make up a contract?

A
  • Invitation - Tender invitation
  • Offer - Tender return
  • Acceptance - Contract Execution
  • Consideration - Payment
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11
Q

VALUING CHANGE

A
  1. Pricing Doc.
  2. Fair & Reasonable rates.
  3. Daywork.

Contractor Response; SBC 21 days & D&B 14 days

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12
Q

VALUATION DATES:

A
  1. Contractor makes Application for Payment at the Interim Valuation Date (1st)
  2. Due Date is 7 days after (8th)
  3. Interim Payment Notice is issued 5 days after the due date (13th)
  4. Employer can issue Pay Less Notice 5 days before the final date for payment (17th)
  5. Final Date for Payment is 14 days from due date (22nd) (typically amended to 21 days (29th))
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13
Q

RE-MEASUREMENT SBC/AQ

A
  • Large works that cannot be easily/accurately quantified pre contract,
  • Tender Figure (Approx BoQ) to Ascertained Figure (re-measured)
  • e.g. roads where it is not practical to identify full scope of work prior to commencement
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14
Q

Housing Grant Construction Regeneration Act 1996 (HGCRA)

A
  • Ensure payments are made promptly throughout supply chain;
  • Interim stage payments,
    Contractor informed of amount due,
  • suspend for non-payment,
  • adjudication.
  • Disallowing pay when paid clauses
  • Applies to all contracts for construction operations
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15
Q

Local Democracy Economic Development Act 2009 (LDEDA)

A
  • Payment notice issued 5 days after due date,
  • Default notices - If no payment notice after 5 days, then receiving party can issue their own
  • Pay less notice- 5 days before final date for payment
  • Adjudication: Timescales set out in writing
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16
Q

Statute of Limitations 1980

A
  • Contract Under Hand (6 years) - (Signed by a person (authorised by a company director)
  • By Deed (12 years) - (Director and Company Secretary / 2 Directors)
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17
Q

LIQUIDATED DAMAGES

A
  • Pre-ascertained estimate of loss arising from the delay (loss of rent, income, storage/rental/finance costs)
  • Process:
  • Review outstanding EoT claims
  • Non-completion notice
  • Pay Less Notice to contractor prior to due date for final payment (explain the calculation of the deduction).
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18
Q

RETENTION

A
  • % deduction for making good
  • 50% released on completion, 3% SBC & D&B, 5% IC & MW, NEC TBC.
  • Making good defects certificate issued after rectification period confirming defects have been rectified. Issue of making good
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19
Q

COMPLETION

A
  • Works substantially complete
  • Rectification period starts,
  • 50% retention released,
  • Client insures building,
  • Claims for LD & LE claims end
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20
Q

Typical Completion Requirements

A
  • H&S files,
  • works substantially complete,
  • O&M,
  • Warranties executed,
  • As built DWGs
  • Building control sign off
  • Planning discharge
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21
Q

PARTIAL POSSESSION

A

Part of the site can be occupied by a third party (like sectional completion but agreed as a post contract variation)

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22
Q

EXTENSION OF TIME –

A
  • Preserve the right to deploy LD’s,
  • Contractor Notify;
  • Cause,
  • Relevant Event,
  • Impact Employer;
    12weeks to respond
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23
Q

Pay Less Notice

A
  • Can be issued 5 days prior to the final payment to identify a reduction to the previously stated interim payment notice.
  • This may be due an error in the notice or as
  • part of implementing LD’s.
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24
Q

Difference between JCT & NEC

A
  • COMPS events time and cost
  • Simple language,
  • Collaborative,
  • Standard Contract Form with Options
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25
Q

RELEVENT EVENT (time)

A
  • Change (scope, quality etc),
  • Instruction (early use), UPS
  • Deferment of Possession (start 2 weeks later) fairview
  • Antiquities (archaeology discovered),
  • Suspension (Coronavirus), UPS
  • Act or Omission (UPS HV power),
  • Statutory undertakers (services),
  • Weather (slows/stops work),
  • Loss/damage by a specified peril (civil commotion, riot, fire, lighting, explosion),
  • terrorism,
  • strike,
  • statutory powers,
  • approval delay (e.g. noted in change request response to client),
  • force majeure (Coronavirus) (14)
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26
Q

RELEVENT MATTER (time & cost) –

A
  • FAIRVIEW EXAMPLE
  • Change (to existing completed work),
  • Instruction (early use – disruption),
  • Deferment of possession,
  • act or omission.
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27
Q

HEADS OF CLAIM

A
  • Prolongation, FAIRVIEW - ONLY ASSESSED THIS TYPE
  • Site overheads increase, disruption,
  • 3rd party claim,
  • loss of profit (Global
  • collection of all)
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28
Q

CHANGE

A
  • Client
  • QS (estimate) or Direct Instruction
  • Contractor Quote
  • Negotiate
  • EA instruction
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29
Q

Contractor’s Estimate Process D&B

A
  • If paragraph 2 of the Supplemental Provisions is selected, a contractor’s estimate of the works can be provided
  • D&B
  • Contractor must provide a quotation within 14 days of the instruction
  • Employer then has 10 days to accept the quotation or withdraw instruction
  • Contractor can object on reasonable grounds (H&S) within 10 days of instruction
  • Employer will pay for specific design work required to produce the estimate if rejected

SBC
- 21 days to provide quotation
- 7 days to instruct

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30
Q

JCT DB Loss & Expense Process

A
  • Contractor must notify Employer as soon as likely effect of Relevant Matter becomes reasonably apparent
  • Notification should be accompanied by initial assessment of L&E incurred and what else is likely to be incurred
  • Contractor must update the employer at monthly intervals until everything is supplied
  • Employer has 28 days from initial assessment (and 14 days from subsequent updates) to notify the contractor of the amount of L&E incurred in suitable detail
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31
Q

FINAL ACCOUNTS - Purpose and effect

A
  • Brings together all financial aspects of the contract
  • An agreed, fair valuation of works undertaken by the contractor
  • Concludes the extent of standard of workmanship
  • Concludes claim for EoT
  • Concludes claim for L&E
  • Full and final settlement for the Works
32
Q

Final account document contents

A
  • Final account summary
  • Final account statement
  • To confirm both parties will not claim following agreement
  • Right to claim for LDs and L&E are removed
  • Provisional sums adjustments
  • Variations to the contract
  • Claims from either party
33
Q

JCT D&B Contract

A
  • JCT D&B
  • JCT Contract
  • Schedule of Contract Amendments
  • Employer’s Requirements
  • Prelims/contractual matter/general conditions
  • Appendices
  • CSA
  • Design info
  • General site information
  • Draft warranties
  • Draft bonds and PCG
  • Pre-Construction Information
  • Tender queries
  • Clarifications
  • Contractor’s Proposals
34
Q

JCT SBC/XQ Contract Documents

A

JCT SBC/XQ
- JCT Contract
- Schedule of Contract
- Amendments
- Appendices
- Pricing document – work schedule/specification – changes to CSA
- Drawings
- Spec
- Surveys

35
Q

ACCELERATION

A
  • Under JCT contracts, the following process must take place:
  • The Employer must request for an ‘Acceleration Quotation’ from the Contractor.
  • The Contractor shall either:
  • Provide a quotation identifying the time that can be saved, the amount of the adjustment to the Contract Sum and any other conditions; or
  • Explain why it would be impracticable for the acceleration
  • The Contract Sum will be adjusted and shall include the amount to be paid in respect of Loss and Expense including the cost to compile the quotation.
  • The Employer may on or before receipt of the quotation seek revised proposals.
  • The Contractor cannot progress to accelerate the works until a quotation has been agreed.
  • The Contractor has up to 21 days to compile the quotation from:
  • The date of receipt of the invitation
  • The date the Contractor has sufficient information to produce the quotation
  • The quotation remains open for 7 days from its receipt for the Employer to make a decision
  • If the Employer wishes to progress the quotation then, the Employer needs to instruct the Contractor via a “Confirmed Acceptance” stating:
  • Adjustment of the Contract Sum
  • Adjustment of the Completion Date of the Works / Section
  • NOTE: If the quotation is not accepted by the Employer, then the Contractor is entitled a fair and reasonable amount for compiling the quotation, which will be added to the Contract Sum.
36
Q

ADR

A

Negotiation (informal).

Mediation (formal - not binding).

Adjudication (STAT REQ) (formal – binding).

Arbitration (MUST BE OPTION) (legally binding).

Litigation (legal judge binding)

37
Q

What is the difference between Arbitration and Adjudication?

A
  • Arbitration is binding and it can be a much longer and more formal process.
  • Must be stated in contract to apply
  • Adjudication involves the quick resolution of disputes between parties where an adjudicator hears the outline of both sides of the argument and makes a fast decision within 28 days.
  • Statutory requirement
38
Q

Mediation & Conciliation

A

Mediation – Does not give opinion/ recommendation. Independent perspective to facilitate settlement. Directs parties to agree on the issue on the basis of what a likely award might be.

Conciliation – Makes a RECOMMENDATION. NOT usually binding.

39
Q

Adjudication

A
  • Adjudication – Stat requirement under HGCRA or Scheme for Construction Contracts.
  • Invoked at any time; 5 days notice, appoint Adjudicator.
  • 2 days to confirm availability.
  • 7 days to submit evidence.
  • Adjudicator decision in 28 days (can be extended with party permission).
  • Binding until further escalated to Arbitration or Litigation.
40
Q

Arbitration

A
  • Arbitration - Must be option in contract.
  • Private hearing (not in public eye).
  • 28 days to appoint single (14 for 2+).
  • Short hearing; Inspecting work, materials etc. Written statements.
    1-day hearing. Can agree to extend.
  • Award in 1 month.
  • Documents only; No need for hearing. Submit statement and submit formal reply to each other. Further questioning or hearing may be requested.
  • 1-month decision
41
Q

Litigation Full Procedure

A
  • Comprehensive process used only when ADR deemed not sufficient to investigate issue.
  • Cost; Losing party bares costs and court can apportion settlement at their own discretion.
42
Q

What happens when the Contractor becomes Insolvent?

A
  • If the Contractor becomes insolvent the Employer is required to terminate the Contract.
  • The Contractor to notify the Employer of any insolvency matters arising.
  • When the Contractor becomes insolvent (regardless of any notices):
    o No further sum shall become due to the Contractor (except final date for payment subject to any Pay Less Notices).
  • Contractor’s obligations to complete the works shall be suspended.
  • The Employer to protect and secure the site and the site materials.
43
Q

PCC

A
  • PCC
  • For: Projects requiring early start on site
  • Designed by: Employer
  • Contract docs: Spec and drawings
  • Administration: CA and QS
  • Note: Brief spec, drawings and estimate of cost;
  • Used for urgent repair work like fire damage; scope of works isn’t certain until work starts; cost risk to employer; contractor paid Prime Cost of works plus contract fee
44
Q

MTC

A
  • For: Employers who have regular flow of maintenance and minor works for single contractor over specified time under one contract. Instructed from time to time – valued based on agreed schedule of rates
  • Designed by: Employer
  • Contract docs: Schedule of Rates, written description of works/drawings
  • Administration: CA
  • Note: Employer lists properties covered by contract; state period (12-36 months); type of works required; total annual value; appoint CA to issue Orders; Schedule of Rates adjusted based on %age addition/deduction
45
Q

MC

A
  • For: Large scale projects needing early start on site but full design information not yet available
  • Designed by: Employer
  • Contract docs: Drawings and spec
  • Administration: Architect/CA and QS
  • Notes: Price is prime cost plus management fee for MC; MC should be brought on early
46
Q

Third Party Rights

A
  • Rights of third parties Act 1999 –
  • Can only apply if written into contract prior to execution
  • e.g. SC’s are identified
    – SC’s must be known early on (typically they are not appointed until post MC appointment)
    – Less favourable than CW’s as not tested in court
47
Q

Intermediate vs Minor

A

Pros & Cons of :
- Intermediate; Work can be carried out in sections
- Minor Works; Cannot name SC’s

48
Q

Contractor Design Portion

A
  • Benefits of Traditional Contract and ability to pass selective elements of design to SC
  • e.g. Foundation, M&E - typically functional areas
49
Q

How did you carry out Wrexham valuation?

A
  • Arcadis HASP completed
  • Site induction
  • PPE
  • Take photos & do mark up (accurately assess progress)
  • E.g. Identify extend of ground floor slab that had been completed say 75% by using photo’s then measuring site layout on cost x
50
Q

Does the client have to accept your valuation assessment and what is the procedure if they don’t?

A
  • If the Client disagrees with the valuation the figure can be adjusted via a Pay Less Notice
  • In accordance with the Contract the works should be valued in line with site progress. If the Client is holding back payment when it is due then this is likely to result in dispute and may impact on progress so full consideration should be undertaken before issuing a PLN
51
Q

On the project the Main Contractor made a variation claim in relation to a retaining wall that was deemed to be required due to ground level issues. I reviewed the claim and confirmed who was responsible for the risk under the contract.

A

⦁ Ground sloping away so retaining wall was required to enable a level access around the building.
⦁ Drawings showed level access and as D&B contract MC was required to deliver as per contract.
- MC should have included within their price

52
Q

MWL Off Site Kitchen - Overview & Process

A

⦁ Kitchen & wardrobe package £1.5m (184 kitchens)
⦁ Off-Site Material Payment 33% £500k
⦁ Conditional Bond (terminated/insolvent) - £50k 10%

  • Listed (in contract)
  • Vesting certificate (in the employer)
  • Insurance (against specified perils until delivery to site then covered under all risk insurance)
  • Set apart, clearly marked, identified and properly protected
53
Q

risks associated with there not being any COVID related contract amendments included within the proposed contract should a COVID outbreak occur

A

⦁ A “Coronavirus Event” is a defined term under the contract.
⦁ The Contractor can be awarded an Extension of Time where a “Coronavirus Event” occurs but cannot claim for any loss and/or expense in such circumstance.
- Suspension; MC could terminate contract if works suspended for 2 months. Amendment could make specific exclusion or extension of this

54
Q

On the second phase of the project there was a two-week delay in being able to access the building which was due to be refurbished.
What is L&E?

A

⦁ The contractor is entitled to recover loss and expense in order to put them back in the financial position that they would otherwise have been in.
⦁ Entitled to recover direct loss and expense for events which cause delay or disruption to the regular progress of the works.
⦁ This is provided that the event is or can be proved to be caused or having been derived from the actions for which the client is responsible.
⦁ Typical causes might include; failure to provide possession
FAIRVIEW
MC 3 weeks but only 2 week access issue.
MC claim approved in relation to prolongation of site welfare, security

55
Q

Subsequently the Main Contractor made a Loss and Expense claim.
I made my assessment of the claim in line with the Main Contractor’s rights, as set out in the contract.

A

MC Claimed for 3 week delay
- Deferment of possession
- Prolongation of works
Only 2 week delay so time related preliminaries awarded for 2 weeks only

  • Site security
  • Temp services
  • Site compound
  • Skips
56
Q

What are the other Relevant Matters?

A
  • Site Deferment
  • Change (to existing completed work
  • Instruction (early use – disruption
57
Q

What are the Relevant Events?

A
  • Weather (slows/stops work),
  • Antiquities (archaeology discovered),
  • Suspension (government intervention),
  • Change (scope, quality etc),
    ⦁ Instruction (early use),
    ⦁ Deferment of Possession (start 2 weeks later),

⦁ Act or Omission (UPS HV power instructed late), (Relevant Matter - Client fault indirectly)
⦁ Statutory undertakers (As above but third party delay),
⦁ Loss/damage by a specified peril (civil commotion, riot, fire, lighting, explosion),
⦁ Terrorism
⦁ Strike
⦁ Statutory powers,
⦁ Approval delay (e.g. noted in change request response to client)
⦁ Force majeure (Coronavirus - although typically amended to include time (RE) not cost (L&E)
⦁ (14 total)

58
Q

Contract documentation for Oxford Resi?

A

⦁ Contract
⦁ Amends
⦁ ER’s
⦁ Appendix
(CSA,
Design,
Site Info,
Prelims,
Warranty,
Bond,
PCI,
TQ,
Clarifications) –
Contractor’s Proposals

59
Q

Oxford Resi Overview
- Contract
⦁ Amends
⦁ Employer’s Requirements
⦁ Contract Sum Analysis
⦁ Design Summary
⦁ Prelims
⦁ Programme
⦁ Surveys
⦁ TQ
⦁ CP’s

A

⦁ Contract - LD’s, Dates, Parties
⦁ Amends - e.g. Final Date for Payment increased from 14 to 21 days
⦁ Employer’s Requirements - Prelims, Developers spec, Area schedules, Planning consent, Drawings & specifications.
⦁ Contract Sum Analysis - Compare it to other tenders, and may then be used as a basis for calculating payments due to the contractor as the works progress.
⦁ Design Summary - 12 social rent units spread over 3 floors (1and 2 bedroom flats, ASHP, 250m3 attenuation, traditional build
⦁ Prelims - These set out the way in which the work is to be undertaken. For example; working hours, planning conditions (noise), site records, BIM and other digital requirements e.g. site info storage, site waste management plan. Contractor site preliminaries; staff, welfare/offices, plant, utilities, consumables, PPE, site transport.
⦁ Programme - Anticipated 15 month programme
⦁ Surveys - Phase 1 GI (Desktop), Noise,
⦁ TQ
⦁ CP’s

60
Q

PB

A
  • Surety to Employer of Contractor non-performance
    -10% of Contract value (delay & re-tendering)
  • Cost varies 2-10%
  • Expires at PC/EoD
  • On Demand or (Conditional -prove non-performance and loss
61
Q

RETENTION

A
  • % deduction for making good
  • 50% released on completion,
  • 3% SBC & D&B, 5% IC & MW, NEC TBC.
  • Making good defects certificate issued after rectification period confirming defects have been rectified.
62
Q

PC reqs

A
  • Must be confirmed in contract;
  • H&S file,
  • Testing & Commissioning,
  • Work Practically Complete,
  • O&M,
  • CW’s,
  • Building Certificate,
  • Planning Compliance,
  • Structural Warranty,
  • As Built DWGs,
  • Keys.
63
Q

Implications of PC

A
  • Implications;
  • Rectification period begins
  • Half retention released
  • Client insures
  • LDs are not applicable
  • Employer must accept building early if it is actually complete
64
Q

Distribution Warehouse, East Midlands Airport (£35m), JCT SBC xQ
Change procedures

A
  • example of levels difference (contractual process)
  • MC makes CA aware
  • QS (EM) reviews validity
  • Civil engineer instructed to identify possible change
  • QS (EM) reviews cost; Client approves
  • MC Change Proposal
  • QS (EM) reviews
  • Accepted / Instruction by CA
  • Contractor confirms within 7 days
  • Takes effect from 7 days of confirmation
65
Q

Meole Brace Contract Choice? D&B

A

⦁ Client focus was on site acquisition as opposed to construction (i.e. not a housebuilder regularly undertaking work) so wished to pass as much risk on as possible
⦁ Cost - Certainty
⦁ Time - Establish clear date to enable Pre-Lets (Pass risk to MC)
⦁ Quality - MC responsible for quality (base build design so ok to relinquish control)

66
Q

Meole Brace Contract Choice? CM

A

⦁ Cost - Potential to achieve lowest cost.
⦁ Time - Potential to deliver early as works can commence early whilst design is undertaken
⦁ Quality - Good control and flexibility
⦁ Risk - Overall highest risk with ability to have control

67
Q

Advise on LD’s

A
  • Genuine Pre Estimate of Loss
  • Loss must flow from breach (i.e. delayed completion)
  • Loss of rent
  • Prolongation fees e.g. EA, DM, PMS
  • Finance costs
  • Can’t be construed as a penalty
68
Q

Avoid on LD’s

A

⦁ If construed as penalties LD’s may be unenforceable if taken to court
⦁ Conversely the MC would be considered sophisticated i.e. undertaken similar works regularly and benefiting from legal advice e.g. They willingly agreed to contract terms
⦁ Reality is that excessive LD’s are likely to put off tenderers and therefore inflate tender price

69
Q

LDs 0 v not entering

A
  • ”-“No “Liquidated Damages” to apply but reserve right to claim “UN-Liquidated Damages” outside of the contract e.g. in court
  • “0” Recommend against doing this as confirms no LD’s can apply to works
70
Q

Why SBC xQ UPS?

A
  • Works uncomplicated in nature e.g. MC would be comfortable in pricing works with Drawings & Spec (without BoQ)
71
Q

UPS design change examples inc Prov Sums

A
  • Car park extension
  • Additional guardhouse - £15k
  • Provisional Sum £40k 4x Kitchens
  • PC Sum for tiling
72
Q

UPS |Contractor overlap options - Which was chosen & why?

A
  • Early Use;
  • Employer may use part of the site early for storage or otherwise with contractors consent
  • contractor responsible
  • notify insurers as likely to attract premium (third party use)
  • Risk of L&E disruption claim
  • Partial Possession
  • Post contract variation
  • Contractor cannot unreasonably withhold
  • Detail to clarify extent of area, implications as SC
  • Area deemed complete so removes liability for L&E
73
Q

UPS Early Use Pros Cons

A
  • Pros:
  • Early use would allow the conveyor contractor to setup their compound and store materials which potentially could save 4 weeks.
  • The contractor would remain responsible for complying with insurance and risk of loss / damage.
  • The contractor would still be liable for liquidated damages to the entire site.
    Cons:
  • Potential insurance implications.
  • The Client would be liable for loss & expense claims from the main contractor.
  • Defects arising from the main contractor due to reduced access to part of the site.
74
Q

UPS PP

A
  • The chosen option was to instigate partial possession of the site which would allow the conveyor contractor to take exclusive occupation of a designated area of the site whilst allowing the main contractor to continue with outstanding works to the remaining part of the site.
    Pros:
  • Overlapping the programme could achieve the most significant reduction in time as the other two options were primarily reliant on works following on from one another.
  • The Client would not be liable for loss and expense claims in relation to the partial possession area after “PC”.
  • Minimal contractor conflict as the Client is only required to “PC” the area when satisfied the works by the main contractor were substantially complete.
    Cons:
  • Programme gains would be reliant on the speed the works to the partial possession area could be certified as substantially complete.
  • A shared site would result in responsibility issues arising from the crossover of contractors.
  • The main contractor relinquishes their liability for liquidated damages for the portion of the site that is taken up by the partial possession area.
75
Q

NEC Options

A
  • New Engineering Contract 4 (NEC4)
  • Option A – Priced Contract with Activity Schedule
  • Option B – Priced Contract with BoQs
  • Option C – Target Cost with Activity Schedule
  • Option D – Target Cost with BoQs
  • Option E – Cost Reimbursable
  • Option F – Management Contract
76
Q

What if the Contractor becomes insolvent? What does the employer need to do?

A
  • Employer can give notice of termination due insolvency
  • Contractors obligations to deliver works are suspended
  • Employer can do the following regardless of notices as insolvency is automatically deemed a reason for the contractors employment to be ended
  • Employer should secure the site, secure materials
  • Contractor is not to hinder this process and
  • Contractor should remove and plant & equipment
  • Contractor should provide developed design
  • No further sum shall become due to the Contractor (except final date for payment subject to any Pay Less Notices (Employer likely to incur costs associated with site security & removal)

APC Final Revision (22 decks)

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