The construction industry is a complex industry with many parties involved in its process and operations, often brought together to work for a particular project. Due to its multi- faceted nature and involvement of numerous parties, disputes are often inevitable. One common dispute in the construction industry is the issue of ‘determination’ of the Contractor’s employment or termination of the contract by the Employer or the Contractor itself.
In this article, BK Entrusty aims to provide readers with an overview and understanding of this pertinent issue as to whether the employment of a Contractor (or even Sub-Contractor) can be determined or its contract (or Sub-Contract, as the case may be) terminated when the progress and/or stage of the Works is substantially completed.
The following are the sub-headings to the contents of this article;
• Distinction between Determination and Termination
• Common Law Termination
• Contractual Determination / Termination
• Termination for Convenience
• Can Determination or Termination occur when the Works is substantially completed?