Non-performance in the construction industry - Revision history

Designing Buildings: moved Non-performance to Non-performance in the construction industry

2021-01-01T08:56:59Z

moved Non-performance to Non-performance in the construction industry

← Older revision

Revision as of 08:56, 1 January 2021

Designing Buildings at 08:56, 1 January 2021

2021-01-01T08:56:36Z

← Older revision		Revision as of 08:56, 1 January 2021
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	* Typical tender process for construction projects		* Typical tender process for construction projects

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Case_law]] [[Category:Property_law]]

Designing Buildings at 12:32, 26 July 2019

2019-07-26T12:32:11Z

← Older revision		Revision as of 12:32, 26 July 2019
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	In simple terms, a contract is a legally-binding promise. From a legal perspective, the basis of every contract is that all parties must fulfil all of the contract's terms. Non-performance occurs when one party to the contract does not fulfil the contract terms – failing to live up to their contractual obligations. Such a failure is not necessarily a breach of contract although it could lead to a breach of contract.		In simple terms, a contract is a legally-binding promise. From a legal perspective, the basis of every contract is that all parties must fulfil all of the contract's terms. Non-performance occurs when one party to the contract does not fulfil the contract terms – failing to live up to their contractual obligations. Such a failure is not necessarily a breach of contract although it could lead to a breach of contract.

−	A breach of contract in English Law is non-performance that is not excused because it is the non-performance of a contractual obligation, i.e. a promise was made and was not kept. ~~Every~~ breach of contract entitles the innocent party to receive damages from the guilty party. ~~This usually allows~~ the innocent party the right to terminate the contract.	+	A breach of contract in English Law is non-performance that is not excused because it is the non-performance of a contractual obligation, i.e. a promise was made and was not kept. A breach of contract entitles the innocent party to receive damages from the guilty party. It may also allow the innocent party the right to terminate the contract.

−	An example of non-performance is a contractor who fails to provide sufficient ~~manpower~~, ~~material and~~ equipment to a project, leading to ~~delays in the construction programme. In such cases of contractor non-performance, bonds can provide~~ a ~~degree of protection for~~ the ~~client~~.	+	An example of non-performance is a contractor who fails to provide sufficient labour, materials or equipment to a project, leading to a delay to the completion date.

−	Bonds are an undertaking by a bondsman or surety to make a payment ~~to the client~~ in the event of non-performance ~~of the contractor. The cost of the bond is usually borne by the contractor, although this is likely to be reflected in the contractor's tender price~~.	+	Bonds can provide a degree of protection for the client. Bonds are an undertaking by a bondsman or surety to make a payment in the event of non-performance. Bonds can be 'on demand' or 'conditional', with conditional bonds requiring that the client provides evidence of the contractor's non-performance, and that as a consequence the client has suffered a loss.
−		+
−	Bonds can be 'on demand' or 'conditional', with conditional bonds requiring that the client provides evidence of the contractor's non-performance ~~under the contract~~, and as a consequence the client has suffered a loss.	+

	= Refusal to perform or declaration of non-performance =		= Refusal to perform or declaration of non-performance =
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	* Typical tender process for construction projects		* Typical tender process for construction projects

−	[[Category:Case_law]] [[Category:Property_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Property_law]]

Editor at 10:48, 19 July 2019

2019-07-19T10:48:31Z

← Older revision		Revision as of 10:48, 19 July 2019
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	* JCT		* JCT
	* JCT Construction management contract		* JCT Construction management contract
		+	* Performance bond
	* Procurement team		* Procurement team
	* Standard form of contract		* Standard form of contract

Editor at 10:42, 19 July 2019

2019-07-19T10:42:25Z

← Older revision		Revision as of 10:42, 19 July 2019
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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Bonds in construction contracts.
	* Construction contract conditions		* Construction contract conditions
	* Contractual obligation.		* Contractual obligation.

Editor at 10:41, 19 July 2019

2019-07-19T10:41:30Z

← Older revision		Revision as of 10:41, 19 July 2019
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−	Non-performance is a general term that describes a party which fails to perform; or the term can cover all forms of failure in performance. A student who fails end of year exams may be regarded by the school as a non-performer. In this respect, non-performance is not contractually linked – the student never promised to do well and there was no contact entered into, written or otherwise.	+	Non-performance is a general term that describes a party which fails to perform; in fact, the term can cover all forms of failure in performance. A student who fails end-of-year exams may be regarded by the school as a non-performer. In this respect, non-performance is not contractually linked – the student never promised to do well and there was no contact entered into, written or otherwise.

	In simple terms, a contract is a legally-binding promise. From a legal perspective, the basis of every contract is that all parties must fulfil all of the contract's terms. Non-performance occurs when one party to the contract does not fulfil the contract terms – failing to live up to their contractual obligations. Such a failure is not necessarily a breach of contract although it could lead to a breach of contract.		In simple terms, a contract is a legally-binding promise. From a legal perspective, the basis of every contract is that all parties must fulfil all of the contract's terms. Non-performance occurs when one party to the contract does not fulfil the contract terms – failing to live up to their contractual obligations. Such a failure is not necessarily a breach of contract although it could lead to a breach of contract.

−	A breach of contract in English Law is non-performance that is not excused because it is the non-performance of a contractual obligation, i.e. a promise was made and was not kept. Every breach of contract entitles the innocent party damages from the guilty party. This usually allows the innocent party the right to terminate the contract.	+	A breach of contract in English Law is non-performance that is not excused because it is the non-performance of a contractual obligation, i.e. a promise was made and was not kept. Every breach of contract entitles the innocent party to receive damages from the guilty party. This usually allows the innocent party the right to terminate the contract.

−	An example of non-performance is a ~~sub-~~contractor who fails to provide sufficient manpower, material and equipment to a project, leading to delays in the construction programme.	+	An example of non-performance is a contractor who fails to provide sufficient manpower, material and equipment to a project, leading to delays in the construction programme. In such cases of contractor non-performance, bonds can provide a degree of protection for the client.
		+
		+	Bonds are an undertaking by a bondsman or surety to make a payment to the client in the event of non-performance of the contractor. The cost of the bond is usually borne by the contractor, although this is likely to be reflected in the contractor's tender price.
		+
		+	Bonds can be 'on demand' or 'conditional', with conditional bonds requiring that the client provides evidence of the contractor's non-performance under the contract, and as a consequence the client has suffered a loss.

	= Refusal to perform or declaration of non-performance =		= Refusal to perform or declaration of non-performance =

Editor at 23:35, 18 July 2019

2019-07-18T23:35:00Z

← Older revision		Revision as of 23:35, 18 July 2019
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	An example of non-performance is a sub-contractor who fails to provide sufficient manpower, material and equipment to a project, leading to delays in the construction programme.		An example of non-performance is a sub-contractor who fails to provide sufficient manpower, material and equipment to a project, leading to delays in the construction programme.

−	== Refusal to perform or declaration of non-performance ==	+	= Refusal to perform or declaration of non-performance =

	A declaration of non-performance is another form of non-performance. One party declares they are abandoning any further performance under the contract or refuses to fulfil an essential aspect of the contract. In this case, the innocent party can discharge themselves from any further performance obligations.		A declaration of non-performance is another form of non-performance. One party declares they are abandoning any further performance under the contract or refuses to fulfil an essential aspect of the contract. In this case, the innocent party can discharge themselves from any further performance obligations.

Editor: Created page with "Non-performance is a general term that describes a party which fails to perform; or the term can cover all forms of failure in performance. A student who fails end of year exams ..."

2019-07-18T23:31:23Z

Created page with "Non-performance is a general term that describes a party which fails to perform; or the term can cover all forms of failure in performance. A student who fails end of year exams ..."

New page

Non-performance is a general term that describes a party which fails to perform; or the term can cover all forms of failure in performance. A student who fails end of year exams may be regarded by the school as a non-performer. In this respect, non-performance is not contractually linked – the student never promised to do well and there was no contact entered into, written or otherwise.

In simple terms, a contract is a legally-binding promise. From a legal perspective, the basis of every contract is that all parties must fulfil all of the contract's terms. Non-performance occurs when one party to the contract does not fulfil the contract terms – failing to live up to their contractual obligations. Such a failure is not necessarily a breach of contract although it could lead to a breach of contract.

A breach of contract in English Law is non-performance that is not excused because it is the non-performance of a contractual obligation, i.e. a promise was made and was not kept. Every breach of contract entitles the innocent party damages from the guilty party. This usually allows the innocent party the right to terminate the contract.

An example of non-performance is a sub-contractor who fails to provide sufficient manpower, material and equipment to a project, leading to delays in the construction programme.

== Refusal to perform or declaration of non-performance ==

A declaration of non-performance is another form of non-performance. One party declares they are abandoning any further performance under the contract or refuses to fulfil an essential aspect of the contract. In this case, the innocent party can discharge themselves from any further performance obligations.

= Related articles on Designing Buildings Wiki =

* Construction contract conditions
* Contractual obligation.
* Contractual right.
* Delay analysis.
* JCT
* JCT Construction management contract
* Procurement team
* Standard form of contract
* Tender documentation for construction projects
* Traditional contract for construction
* Traditional contract: tender
* Typical tender process for construction projects

[[Category:Case_law]] [[Category:Property_law]]