Commentary

159 Effects of determination

BUILDING AND ENGINEERING vol 5
| Commentary

159 Effects of determination

| Commentary

159 Effects of determination

The position of the parties following the exercise of a contractual power of determination is governed by the contract itself. This may provide expressly for the payment of compensation by one party to the other and, where the determination results from a default of the contractor, may suspend all further payments until such time as the employer has completed the works1. The contractor may also be obliged to assign the benefit of any sub-contract to the employer on demand2.

Where the contract specifically empowers the employer on determination to take possession of the site and complete the

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