Termination by Employer

Notice to Correct
If the Contractor fails to perform any responsibility below the Contract the Engineer may, with
the aid of using giving a Notice to the Contractor, require the Contractor to make accurate the
failure and to treatment it inside a certain time The Notice to Correct shall: (a) describe the
Contractor’s failure; (b) state the Sub-Clause and/or provisions of the Contract below which the
Contractor has the responsibility; and (c) specify the time inside which the Contractor shall
treatment the failure, which will be reasonable, taking due regard of the character of the failure
and the paintings and/or different motion required to treatment it. After receiving a Notice to
Correct the Contractor shall straight away respond with the aid of using giving a Notice to the
Engineer describing the measures the Contractor will take to treatment the failure, and pointing
out the date on which such measures may be began if you want to follow the time certain
withinside the Notice to Correct. The time certain withinside the Notice to Correct shall now no
longer suggest any extension of the Time for Completion

Termination for Contractor’s Default

Termination of the Contract under this Clause shall now no longer prejudice any other rights of
the Employer under the Contract or in any other case.
Notice The Employer will be entitled to offer a Notice to the Contractor of the Employer’s
purpose to terminate the Contract.
(a) fails to conform with:
(i) a Notice to Correct;
(ii) a binding settlement, or very last and binding determination, under Sub-Clause Agreement or
Determination; or
(iii) a choice of the DAAB and such failure constitutes a cloth breach of the Contractor’s
responsibilities under the Contract;

(b) abandons the Works or in any other case it appears that evidently demonstrates an purpose
now no longer to retain overall performance of the Contractor’s responsibilities under the
Contract;
(c) with out affordable excuse fails to continue with the Works, if there's a most quantity of
Delay Damages said withinside the Contract Data, his failure to conform with in time then is
such that the Employer could be entitled to Delay Damages that exceed this most quantity;
(d) with out affordable excuse fails to conform with a Notice of rejection given via way of means
of the Engineer under Sub-Clause Defects and Rejection. or an Engineer’s coaching under Sub-
Clause Remedial Work, inside 28 days after receiving it;
(e) fails to conform with Sub-Clause Performance Security;
(f) subcontracts the whole, or any element of, the Works in breach of Sub-Clause Subcontractors,
or assigns the Contract with out the required settlement under Sub-Clause Assignment;
(g) turns into bankrupt or insolvent; is going into liquidation, administration, reorganization,
winding-up or dissolution; turns into concern to the appointment of a liquidator, receiver,
administrator, manager or trustee; enters right into a composition or association with the
Contractor’s creditors; or any act is carried out or any occasion happens which is similar to or
has a comparable impact to any of those acts or events under applicable Laws; or if the
Contractor is a JV:
(i) any of those subjects observe to a member of the JV, and
(ii) the opposite individuals do now no longer right away verify to the Employer that, according
with Sub-Clause Joint and Several Liability, such member’s responsibilities under the Contract
will be fulfilled according with the Contract is found, primarily based totally on affordable
evidence, to have engaged in corrupt, fraudulent, collusive or coercive exercise at any time in
terms of the Works or to the Contract.

Termination Unless the Contractor treatments the problem defined in a Notice given under Sub-
Clause Notice inside 14 days of receiving the Notice, the Employer can also additionally via way
of means of giving a 2nd Notice to the Contractor right away terminate the Contract. The date of
termination will be the date the Contractor gets this 2nd Notice. However, withinside the case the
Employer can also additionally via way of means of giving a Notice right away terminate the
Contract and the date of termination will be the date the Contractor gets this Notice.