The Employer has terminated because the Project Manager has given an instruction to stop work/not start work due to a default by the Contractor and has not issued an instruction to re-start work within thirteen weeks (R18). What is the termination procedure?
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The Parties follow the procedures outlined in P1, P2 and P3 (Clause 92.1). I.e. the Employer may finish the works and can use any Plant and Materials which he has title to and he can also use Equipment to which the Contractor has title in order to complete the works. Once the Employer no longer requires this Equipment, he notifies the Contractor and the Contractor removes it promptly. The Employer may also instruct the Contractor to leave the Site, remove any Equipment, Plant and Materials and hand over any work which he has subcontracted, to the Employer.