Contractor Assigns the Contract without the Consent of the Employer - Engineering Assignment Help

Assignment Task:

Task:

BREACH OF CONTRACT 
GCC 2004 does not deal with breach of contract in those words. However, clause 55 deals in detail with cancellation of the contract by the Employer and clause 56 with cancellation of the contract by the Contractor. 
The Employer may cancel the contract. after giving 14 days notice to the Contractor (clause 55) if:

• the Contractor assigns the contract without the consent of the Employer

• abandons or repudiates the contract

• falls to commence the works

• suspends progress of the works without due cause

• fails to proceed with the works with due diligence

• fails to rectify work condemned by the Engineer

• does not execute the works in accordance with the contract

• subcontracts part of the work without approval from the Engineer

• offers a bribe to anyone in the employ of the Employer

• gave inaccurate information in the contract data schedule. 

DELAYS LEADING TO EXTENSION OF TIME 
GCC 2004 clause 11.2 entitles the Contractor to claim additional time for delays suffered by the late hand-over of site to the Contractor by the Employer. The Contractor may claim for delays if the Engineer fails to deliver requirements or drawings timeously (clause 13.6). Should the Engineer require the Contractor to provide facilities or services to others (clause 18), the Contractor is entitled to claim time for the delays caused (clause 18.2). 
Delays in the examination or testing of the works by the Engineer (clause 25) can be claimed. Clause 25.3 also allows the Contractor to claim for delays due to uncovering and reinstating portions of the work for additional testing by the Engineer. provided that the work is to specification and that adequate notice was originally given to the Engineer for testing. 
Should the Contractor repair damage due to excepted risks, ordered by the Engineer, he will be paid for the work (clause 32.2.2) and, presumably, will obtain extra time for the work. Variation orders (clause 36) are grounds for extra time on the contract. Suspension of the work in terms of clause 39, ordered by the Engineer, will entitle the Contractor to additional time to cover the delay suffered. Similarly. delays attributable to the Employer (or his agents. employees or contractors), will entitle the Contractor to additional time to cover the delay suffered. 
 

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