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What are the terms of termination of the Contractor's

What are the...

What are the terms of termination of the Contractor's Contract, in the FIDIC Contract - (I.E.) - 1) Notice time - 2) - Are the notice times - 3) Can it be immediate, etc, etc, etc. -

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South Africa

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Shouldn't this matter be attended either Mediation, Adjudication, or Arbitration - ?

Lawyer's Assistant: What confuses you?

The Client has terminated the contract with immediate effect, - ?? - No notice - Written Warnings, etc -

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Answered in 1 day by:
11/20/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,800
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

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To be very honest, this is like asking "how long is a piece of string?".

The ONLY way in which I can answer this question, is if you provide me a with a copy of the contract. It all depends on the wording of each specific contract.

Usually, there will be a breach clause which will set out exactly what the process for cancellation is, and whether mediation or arbitration is to precede any litigation.

Do you have a copy of the contract which you can send to me?

Regards

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Customer reply replied 7 months ago
Thanks Freddie - I will revert back shortlyRegardsCarlos F.M. Herckenrath
(PrQS,PMAQS)

OK, I await your reply.

Regards

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Customer reply replied 7 months ago
Hi FreddiePlease find attached the Contract you requested - Refer Clause 15.2 - Re my question on termination, etc.RegardsCarlos F.M. Herckenrath

Thank you, ***** ***** is very vague, and to be honest, appears to be a document which amended the actual contract.

Be that as it may, from what I can gather, the employer (client) can only terminate/cancel the contract after giving a warning notice in which the contractor is given 14 days (amended from 28 days) to rectify any breach.

If the contractor fails to rectify the said breach within 14 days only then can the employer cancel the contract.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,800
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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