ABSTRACT
This chapter discusses typical breaches of the common kind, by both the owner/employer and the contractor. The most common forms of defaults likely to be committed by the owner include: failure to hand over possession of the site to the contractor, failure/delay in appointing an architect or an engineer or in filling the vacancy, delay in supply of working drawings, details, designs and decisions, and termination of contract wrongfully and illegally. They also include ordering suspension or stoppage of work or interfering with the progress of work in any manner, failure/delay in nominating and approving specialist subcontractors and suppliers, and wrongful deduction of liquidated damages/penalty. The breaches of construction contract by the contractor which cause substantial damage and give rise to litigation include abandonment or total failure to complete, delay in completion, and defective design, materials and/or workmanship.
