Common use of Default by the Contractor Clause in Contracts

Default by the Contractor. If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay, or stops execution of the Works for more than 14 days without reasonable excuse, or is in breach of this Contract, the Employer may give notice referring to this Sub-Clause and stating the default. If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor’s receipt of the Employer’s notice, the Employer may by a second notice given within a further 14 days, terminate this Contract. After termination, the Contractor shall demobilise from the Site leaving behind Materials and Plant and any Contractor’s Equipment which the Employer instructs in the second notice is to be used until the completion of the Works.

Appears in 2 contracts

Sources: Construction Contract, Construction Contract

Default by the Contractor. 18.1 If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay, or stops execution of the Works for more than 14 days without reasonable excuse, or is in breach of this Contract, the Employer may give notice referring to this Sub-Clause and stating the default. . 18.2 If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor’s receipt of the Employer’s notice, the Employer may by a second notice given within a further 14 days, terminate this Contract. After termination, the Contractor shall demobilise from the Site leaving behind Materials and Plant and any Contractor’s Equipment which the Employer instructs in the second notice is to be used until the completion of the Works.

Appears in 1 contract

Sources: Construction Contract