Determination in construction contracts
The term ‘determination’ in relation to construction contracts typically relates ending the contractor’s employment under the contract. Contracts may provide for determination of the contractor’s obligations under the contract by the employer or the contractor if there is a breach of contract by the other party. This may happen if one of the parties has ceased to perform their obligations under the contract, for example, if the contractor is no longer proceeding regularly and diligently with the works. However, the contract itself remains in place, and so do the rights of both parties.
This is as opposed to the termination of the contract, which brings the contract itself to an end. This may happen, for example, if one of the parties to the contract behaves in such a way that it indicates it no longer intends to accept its obligations under the contract, this is considered to be a repudiatory breach (or fundamental breach) allowing the innocent party to terminate the contract and to sue for damages.
For more information, see Repudiatory breach in construction contracts and Termination.
The word determination may also refer to determining the outcome of an assessment, such as expert determination, determination of approval for building regulations applications or planning applications and so on.
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
Construction Management, 8 July
NEETs crisis drives interest in trades, but apprenticeships barriers remain.
Passive fire protection webinar
MEP services penetration seals.
Where its at podcast (and video) - The role of the Architectural Technologist as an Expert Witness.
More than 200 remarkable buildings added to SAVE’s Buildings at Risk register.
Government scraps pre-application consultation for Nationally Significant Infrastructure Projects.
Historic England and infrastructure
New projects offer opportunities for the historic environment and local communities.
Construction Management, 2 July
Construction deaths halve in two years.
Green Book changes to drive investment in all parts of UK.
Minimum energy efficiency standards (MEES)
CIAT briefing on response to consultations for privately rented non-domestic properties.
Connect, collaborate, shape the future
Registration now live for UK Construction Week Birmingham.
CIOB announces Saul Humphrey FCIOB as new President for 26/27 term.
A quick, simple, and zero-bills solution to prevent overheating.