- Project plans
- Project activities
- Legislation and standards
- Industry context
- Specialist wikis
Last edited 25 Sep 2020
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.
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.
 Related articles on Designing Buildings Wiki
Featured articles and news
Take just two minutes to provide your feedback.
An update of standards and regulations are under consideration.
Exploring the key to the adoption of this abundant energy source.
His clients have ranged from Liberace to St Nick to world-class athletes.
These tactical structures can be permanent or temporary.
Organisation recognises milestones of the project's next phase.
Welding and metalworking businesses must manage respiratory risks.
New report explores how regulations are being put into action.
The golden thread and BS 8644-1.
Bitumen binder may delay road surface deterioration.
A varied portfolio of internationally recognised buildings.
Threatened by housing and expanding universities.
Getting "boots on the ground" to make things happen.
Building systems may begin to learn.