Legal terms explained: 'proceeding regularly and diligently' (2016) 27 7 Cons.Law 5 (2) [Archived]
Legal terms explained: 'proceeding regularly and diligently' (2016) 27 7 Cons.Law 5 (2) [Archived]

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Legal terms explained: 'proceeding regularly and diligently' (2016) 27 7 Cons.Law 5 (2) [Archived]
  • Proceeding regularly and diligently

This article appears as originally published in Construction Law on 5 August 2016 and is not maintained.

Jo Bindley of Pinsent Masons explains what is meant by the phrase ‘to proceed regularly and diligently’.

Proceeding regularly and diligently

Many contracts oblige building contractors ‘to proceed regularly and diligently’ with their works (this wording appears in the principal standard forms of the JCT contract). However, termination for breach of this obligation is risky given the lack of an easily applicable interpretation of this phrase, as West Faulkner v London Borough of Newham (1994) 71 BLR 1 acknowledges:

'What particularly is supplied by the word "regularly" is … a requirement to attend for work on a regular daily basis with sufficient in the way of men, materials