315. Exercise of a power to determine.

The contract will usually state how a power to determine the contract, or to determine the contractor's employment under it, is to be exercised. In the absence of any such requirement, no formality is necessary provided there is some act which is sufficient to inform the other party that the power has been exercised1, for such a power must be exercised in an unequivocal and unambiguous manner2. The contract may provide that the power arises on a failure by the contractor to comply with a notice previously served on him. If the employer or the architect required the contractor