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Site Possession
Site possession
In every building contract, it is an implied term that
the employer will give possession of the site to the
contractor within a reasonable time when such date
is fixed.
Currently, most of the contracts have specifically
expressed it as one of contract provisions. Whether
it is the implied or express term, any failure by
the employer to give possession on the date
named is a breach of contract.
Surely, such failure shall cause extension of time
and it is a breach of major term of the contract. It is
because the contractor is unable to execute the
works without the possession.
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