15.4 TERMINATION FOR CONVENIENCE

4.15.4 Termination for convenience: Clause 15.5

The Employer can terminate the contract at any time for his own convenience

by giving notice to the Contractor.

The termination takes effect 28 days after the later of the dates on which the

Contractor receives the notice or the Employer returns the Contractor ’ s per-

formance security. The exception to the right to terminate for convenience is

that the Employer cannot terminate the contract in order to execute the works

himself or arrange for other contractors to do so.

The financial consequences of a termination for convenience are the same

as for termination resulting from

force majeure under clause 19.6. We will

consider these shortly, in Section 4.19.

It is noteworthy that the effect of treating the consequences as the same

means that, surprisingly perhaps, the Contractor is not entitled to loss of

profit even though he finds the contract terminated through no fault of his but

entirely for the Employer ’ s own purposes or convenience.

By clauses 15.5 and 16.2, following termination the Contractor is to cease

all further work, unless instructed to carry out work for safety and protection

purposes, is to hand over Contractor ’ s documents, plant, materials and other

work for which he has received payment and is to remove all goods from site

(except as necessary for safety) and leave the site.