9 Default and termination

9.1 Given the complexity and unpredictability of construction operations, it would be unlikely that a project could proceed to completion without breaches of the contractual terms by one party or another. This is recognised by most construction forms, which usually include provisions to deal with foreseeable situations. These provisions avoid arguments developing or the need to bring legal proceedings as the parties have agreed in advance machinery for dealing with the breach. A clear example of this is the provisions for liquidated damages – the contractor is technically in breach if the project is not completed by the contractual date, but all the consequences and procedures for dealing with this are set out in ...

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