314. Means of ascertaining whether the power to determine has arisen.

In general the contract will specify the means of ascertaining the event giving rise to a power to determine the contractor's employment. Modern standard form contracts generally give to the architect or the engineer power to decide when the employer may be able to determine the contract or the employment of the contractor1. Where the decisions of the architect are not subject to review2, then the contractor can only impugn such a decision on the grounds that the architect has not exercised an independent judgment3

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