ABSTRACT
It is often wrongly believed that termination means termination of the contract. What it actually refers to is termination of the contractor’s engagement under the contract. Most building contracts provide for termination by the employer or by the contractor in specified circumstances. The consequences of termination, including the completion of the Works by others can be a complex business, involving surveying the Works in the state it is left. The process of termination is draconian in effect and, therefore, it is essential that the party carrying out the termination does so in strict accordance with the contract. Failure to do so might end in repudiation by the party attempting to terminate. A particular problem is if the architect has over-certified at the time of termination.
