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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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
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