Good reasons why possession is never nine-tenths of the law
Series: Construction News ; (6699) 18 January 2001, 14(1)Publication details: 2001Subject(s): Summary: Illustrates the legal and contractual difficulties facing contractors attempting to take possession of a site. Observes that the employer must allow the contractor sufficient possession to allow the contract to be fulfilled and that, provided an attempt is made to gain access, the main contractor is not in breach of contract with subcontractors if access is denied. At the end of the contract the contractor will normally have a license to enter the site to fulfil its remaining obligations until the end of the defects liability period. Alternatively if the contract is terminated, and possession is denied, the employer's actions may be deemed to be in breach of contract. Finally contractors are reminded of their liability to third parties during their occupation of the site and the execution of the works.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS63381 (Browse shelf(Opens below)) | 1 | Available | 110678-1001 |
Illustrates the legal and contractual difficulties facing contractors attempting to take possession of a site. Observes that the employer must allow the contractor sufficient possession to allow the contract to be fulfilled and that, provided an attempt is made to gain access, the main contractor is not in breach of contract with subcontractors if access is denied. At the end of the contract the contractor will normally have a license to enter the site to fulfil its remaining obligations until the end of the defects liability period. Alternatively if the contract is terminated, and possession is denied, the employer's actions may be deemed to be in breach of contract. Finally contractors are reminded of their liability to third parties during their occupation of the site and the execution of the works.