![]() ![]() It then suggests some practical advice for Employers deciding whether they can terminate the Contractor’s employment (and the risks of doing so) on that ground. This edition of Insight reviews what constitutes a “failure to proceed regularly and diligently” in the context of JCT standard form contracts. ![]() Get it right and clause 8.7 provides a useful toolbox for the Employer for getting on with the works and the ability to postpone paying any monies which may be due to the Contractor until after the completion of the works and the making good of defects. If the final notice is found to have been issued without the requisite grounds being satisfied, the contract will have been repudiated leaving the Employer open to claims for loss of profit at precisely the same time that they are seeking to get the job finished by others. The consequences of getting it wrong can be high. Assessing whether the definition of failing to proceed regularly and diligently has been satisfied is very much a question of judgement and must be assessed against the backdrop of what evidence is available to prove a lack of diligence. ![]() Terminating for failure to proceed regularly and diligently - what could go wrong? 1ĭoes the Employer have the right to terminate the Contractor’s employment for failure to proceed regularly and diligently under a JCT standard form contract? This is never an easy question, either from the Contractor’s view or the Employer’s view. ![]()
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