ABSTRACT
Failure to give possession is a breach not only of the express terms of a contract but also of the term that would be implied at common law in the absence of an express term. Architects sometimes try to overcome a failure on the part of the employer to give possession by issuing a postponement instruction under the contract. In practice, where an architect attempts to defer possession by issuing a postponement instruction, the contractor often accept the instruction as deferring possession because the contract makes provision for extension of time and loss and/or expense following postponement. The item in the bills of quantities cannot override what is in the printed contract, and the contractor is correct in requesting possession of all the houses on the date of possession because that is what the possession clause states.
