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5.2.2. Notable points and general procedure for termination under FIDIC contracts
The remaining parts of Sub-Clause 15.2 set forth the procedure of the employer’s…
“In any of these events or circumstances, the Employer may, upon giving 14 days’ notice to the Contractor, terminate the Contract and expel the Contractor from the Site. However, in the case of sub-paragraph (e) or (f), the Employer may by notice terminate the Contract immediately. …
The Employer’s election to terminate the Contract shall not prejudice any other rights of the Employer, under the Contract or otherwise.…
The Contractor shall then leave the Site and deliver any required Goods, all Contractor’s Documents, and other design documents made by or for him, to the Engineer. However, the Contractor shall use his best efforts to comply immediately with any reasonable instructions included in the notice (i) for the assignment of any subcontract, and (ii) for the protection of life or property or for the safety of the Works.…
After termination, the Employer may complete the Works and/or arrange for any other entities to do so. The Employer and these entities may then use any Goods, Contractor’s Documents and other design documents made by or on behalf of the Contractor.…
The Employer shall then give notice that the Contractor’s Equipment and Temporary Works will be released to the Contractor at or near the Site. The Contractor shall promptly arrange their removal, at the risk and cost of the Contractor. However, if by this time the Contractor has failed to make a payment due to the Employer, these items may be sold by the Employer in order to recover this payment. Any balance of the proceeds shall then be paid to the Contractor.”…
As can be understood from the above, for the failures of the contractor referred…
On the other hand, for the Sub-Clause 15.2.(a) – (b) – (c) – (d), the notice period…
Apart from the above, the same question is applicable as to whether the employer…
Notwithstanding the above, in order to avoid any conflict as to rightfulness of termination,…
• “The employer shall explicitly describe the reasons for termination, …
• The employer shall look for material breaches instead of minor breaches for its…
• When there are two or more reasons which entitle the employer to terminate, the…
• The employer shall bear in mind that all the sums due for the already completed…
• The employer shall stick to the procedure stipulated in the contract, …
• While terminating the contract, it would be beneficial for the employer to reserve…
• The employer shall be careful not to seem as waited till the damage increases which…
In order to briefly explain what other paragraphs stand for in the Sub-Clause 15.2,…
It is pertinent to mention herein that, with these post contractual obligations of…
5.2.1.2.6. Sub-clause 15.2.(f) – disgraceful actions of the contractor
5.2.2.1. Importance of following contractual obligations related to communication while serving the notice
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