ABSTRACT

Liquidated damages may then be payable by the principal contractor to the employer for not finishing the project on time. Contracts that are nearing completion are therefore likely to be retained, since access to retention monies might be soon available. Those contracts in their earlier stages of construction are most likely to be dispensed with. The meaning of force majeure is imprecise, but it is generally accepted as 'exceptional circumstances beyond the control of either of the parties of the contract'. The works may offer partial possession in the case of a phased project awarded as a single contract. Partial possession by the employer clearly has contractual advantages to the principal contractor, and also earlier use or occupation by the employer. The date for possession of the site by the principal contractor is stated in the appendix to the conditions of contract. Where postponement exceeds the period of delay stated in the appendix, the principal contractor can determine the contract.