Civil Engineering Reference
In-Depth Information
Termination on this ground is equivalent to termination for default on the part
of the Contractor, see Section 9.4.4. It should be noted that for an offence under the
Bribery Act to constitute a ground for termination under clause 8.6:
•
the offence may relate to a different contract with the same Employer;
•
the offence may have been committed by an employee or agent, or even sub-
contractor,oftheContractor.hisdoesnotappeartorequireknowledgebythe
Contractor (which is not required for an offence under s.7 in any event). Read
literally, clause 8.6 might also suggest that the ground for termination can be
triggered even where the Contractor itself has not been guilty of any offence, but
its employee, agent or sub-contractor has been;
•
The offence may relate to
any
breach of the Bribery Act.
Perhaps somewhat surprisingly, there is no equivalent termination ground in the
NEC3. As a consequence, it is very common for Employers, particularly those in the
public sector, to insert in the relevant NEC3 contract a Z clause containing similar
wordingtothatofclause8.6oftheSBC.
