ORC 14 June 1989 A contracted in July 1985 to supply specialist labour only to J, as main contractor s, for installing window units and ancillary services. A sued for money alleged to be due and for damages for wrongful determination of the contract. J said they were entitled to determine the contract and counterclaimed for, among other things, damages for defective work. Two preliminary issues were to be tried. Each assumed that A had wholly suspended the works and/or failed to proceed with the works expediously, in breach of cl 20 of the contract. The first issue was: on these assumptions, was J`s telex of 21 August 1986 a rightful termination of the subcontract pursuant to cl 8; the second issue, again on the same assumptions, but such as to evince an intention on the part of A no longer to be bound by the subcontract, was whether J`s telex was a rightful determination at common law. In each case the alternative to rightful determination was unlawful repudiation. ORC held that J`s