Commentary

154 Contractor’s repudiatory breach

BUILDING AND ENGINEERING vol 5
| Commentary

154 Contractor’s repudiatory breach

| Commentary

154 Contractor’s repudiatory breach

Complete abandonment of the work by the contractor is a repudiatory breach of contract1. However, a temporary suspension or slowing down of the works will not necessarily be so, even though it may amount to a breach by the contractor of an obligation to proceed regularly and diligently2. Delay in completion will not normally be treated by itself as repudiatory, especially where the contract explicitly envisages the possibility of such delay, for example by making provision for the payment of liquidated damages3. The mere fact that the works contain defects

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