A contractual default notice under a clause requiring 'details of the default' must clearly direct the recipient's attention to the alleged default with sufficient specificity that the default is capable of being readily identified, having regard to the recipient's knowledge of the circumstances. Complaints about performance, without identifying a specific contractual default, are insufficient. Facsimiles expressing dissatisfaction with a subcontractor's approach to work are not 'directions' within the meaning of a clause requiring performance in accordance with directions. A subcontractor's statements that it intends to suspend work do not constitute repudiation where the subcontractor's actions belie those statements and it continues to work on site.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
1 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.