What does the obligation to proceed regularly and diligently require of a contractor under the standard forms?

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What does the phrase regularly and diligently mean, and why does it govern an employer's right to determine?

The meaning of regularly and diligently and the default-notice route

Regularly and diligently is the test many forms use before an employer can determine. It means going about the work so as to meet the contract, and it turns on planning, resources and competent labour.

Quick answer

Regularly and diligently means going about the work so as to achieve the contractual obligations: West Faulkner Associates v Newham requires the contractor to organise its work, to manage and resource its labour force properly, to bring suitable materials to site and to use competent tradesmen, so that the work meets the contract as to standard, time, sequence and quality

To go about the work so as to achieve the contractual obligations. West Faulkner Associates v The London Borough of Newham held that regularly and diligently are read together and require the contractor to plan its work, to direct and manage its workforce, to furnish materials that are sufficient and proper, and to put competent tradesmen on site, so that the work is completed to an acceptable standard and satisfies the contract as to time, sequence and quality. The contractor must proceed continuously, industriously and efficiently, with appropriate resources, so as to progress the works steadily towards completion. The test matters because most standard forms let the employer determine the contractor's employment for a failure to proceed regularly and diligently, and under the JCT forms that route depends on the certifier serving a valid default notice. In West Faulkner the architects' failure to serve the notice left the council unable to determine and liable for the losses that followed.

Read togetherRegularly and diligently form a single test, not two
The coreGoing about the work so as to meet the contract
The markersPlanning, leadership, sufficient materials, competent tradesmen
Why it mattersMost forms allow determination for a failure to comply
The noticeUnder JCT the certifier must serve a valid default notice

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