Repudiatory breach in construction contracts
If one of the parties to a contract fails to perform their obligations, this may constitute a breach of contract. A breach of contract may entitle the innocent party to make a claim for damages for the losses it has suffered.
However, where one of the parties to a 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.
Generally the contract will set out behaviour that constitutes a repudiatory breach, and this might include:
- Refusal to carry out work.
- Abandoning the site.
- Removing plant from the site.
- Failure to make payments.
- Employing others to carry out the work.
- Failure to allow access to the site.
- Failure to proceed regularly and diligently.
- Failure to remove or rectify defective works.
- Defaults from Statutory Agencies.
- Bankruptcy or Insolvency of the contractor or employer.
Where repudiation is considered to have occurred, the innocent party can either affirm that the contract will continue or accept the repudiation and so terminate the contract. Either way, it is important that there is some sort of response, as inaction may be considered to be an affirmation of the contract.
Whatever course of action is taken, the innocent party will have the right to claim damages.
An anticipatory breach (or anticipatory repudiation) occurs when one of the parties to the contract declares to the other that they do not intend to perform their obligations under the contract.
[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.
Government approach could undermine delivery and regeneration.
World's first mass timber data centre.
The overlooked environmental aspect of data centre development.
Introduction to radon awareness
New technical information sheet published by CIOB.
Updated supplier guide can help electrical contractors engage with NHP.
CIAT confirm the winners of the 2026 architectural technology awards.
Government launches a one stop shop for flood preparedness.
Sir Edwin Lutyens: Britain's greatest architect? Book review.
CIOB publishes free template to help assess and manage risks.
ECA's reflections on Party Conference season
Burnham wants to be confident of winning before asking for a fresh mandate.
New Chief Construction and Scientific Adviser
Sergio Cavalaro, Professor of Infrastructure Systems at Loughborough University.
Building safety levy for England
CIAT publish estimator tool for members.
Water sector faces a growing crisis that could slow the delivery of vital infrastructure.

















Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.