Commentary

155 Employer’s repudiatory breach

BUILDING AND ENGINEERING vol 5
| Commentary

155 Employer’s repudiatory breach

| Commentary

155 Employer’s repudiatory breach

In general, an employer who wrongfully instructs the contractor not to complete the works1, ejects the contractor from the site2, takes works into his own hands3 or otherwise renders completion impossible4 is guilty of a repudiatory breach of contract. The same may be true where the employer deliberately obstructs or interferes with the issue of a certificate by the contract administrator5. However, a mere failure to pay the contractor in accordance with the contract terms is not normally regarded as repudiatory6, except where the amount or

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