Q&As

What happens to the contractor’s right to possession of the site when it terminates a JCT contract because of default by the employer under clause 8.9?

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Published on LexisPSL on 07/08/2019

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • What happens to the contractor’s right to possession of the site when it terminates a JCT contract because of default by the employer under clause 8.9?

What happens to the contractor’s right to possession of the site when it terminates a JCT contract because of default by the employer under clause 8.9?

This Q&A considers a scenario where there are no provisions in the schedule of amendments to the contract which have amended the termination provisions (it is not uncommon to see amendments which clarify arrangements for possession of the site upon termination and/or set out additional termination related conditions to those found in the standard terms).

One of the primary obligations of the employer is to give possession of the site to the contractor (or such access to it as is required to enable the works to be carried out). The extent and timing of the possession or access to be given will depend upon the express terms of the particular contract. See Commentary: Emden’s Construction Law: [5.16] Access to site.

Under many JCT forms of contract, such as the JCT

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