| Abstract | It is clear that an employer or site owner must allow the contractor onto the site so that it may commence and complete the works. The right to occupy the site usually lasts until the works are completed or the contract is validly terminated, subject to a reasonable "packing up" period. Problems arise when the employer, in breach of the construction contract, orders the contractor to stop the works and leave the site. The effect of an unlawful termination on the contractor's right to occupy the site has been debated at length in the courts across the commonwealth. This article looks at the question of who has the control of the site during constuction and who has the right to enter that site. Also, cases happened in England, New Zealand, Australia and Hong Kong are discussed. |
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