JCT D&B16: The suspension of work without reasonable cause..

JCT Contracts General
1

The suspension of work without reasonable cause… is there any particular case law on this matter under 8.4.1.1

2

I am not aware of any specific case law but to demonstrate reasonable cause the Contractor would have to show that he had reasonable cause to suspend. I can see that there are a number of situations where reasonable cause would apply such as:-

  1. Suspending for non payment;

  2. Health and safety grounds

  3. Employer being insolvent.

3

Not quite sure what you are getting at with your question here. To Build on what Mike has said, a suspension without reasonable cause is likely to be a repudiatory breach of contract. If accepted by the other party the contract will come to an end and the defaulting party (the one who suspended without reasonable cause) will be liable in damages to the other party for any loss that may be incurred as a result.

Historically, non-payment would not necessarily have been a reasonable cause (depending on how long and how much) which is why the HGCRA brought in the statutory right to suspend in such circumstances.