Expert: Emilian TRAISTA - 2/4/2010

Question
Hi,
is it possible to short list the cases to be considered for breaching  the contract by contractor

i have a case now the contractor has sign a supplementry agreement with client due to slowing down the progress as requested by client and now the contractor is in delay from his side as per the update for revised clause 14 programme of work agreed withe supplementary aggrement and he is lacking to submit revised catch up  programme as requested by client ,

the client is forcing the engineer to record this case as breech to the contract

pleaseadvise

Answer
Dear Ahmad,

As a short and preliminary answer to your question, the situation you described seems to be as you name it: a breach of contract.
Wether it will stand or not in front of an adjudicator, depends on the particular circumstances.
By the way, what does your contract provide for disputes adjudication?

If you are interested in continuing our conversation, please use my personal address: etraista@yahoo.co.uk

Kind regards,
Emilian