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termination of contract

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termination of contract

Post by lux130000 on Tue Jun 14, 2011 5:46 pm

A contractor was awarded the developing of the housing project of our agency in 2004. The project was not started immediately due to problems in the processing of some documents until recently that finally it was completed. The problem lies now with the contractor. After verification of its licenses, it was discovered that it was no longer registered with the PCAB since its submission in 2004. The location of its office stated in the documents is not the actual location. Can these be grounds to terminate the contract?
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Re: termination of contract

Post by RDV @ GP3i on Sat Jun 25, 2011 11:10 am

lux130000 wrote:A contractor was awarded the developing of the housing project of our agency in 2004. The project was not started immediately due to problems in the processing of some documents until recently that finally it was completed. The problem lies now with the contractor. After verification of its licenses, it was discovered that it was no longer registered with the PCAB since its submission in 2004. The location of its office stated in the documents is not the actual location. Can these be grounds to terminate the contract?

I would assume that at the time (2004), prior to award, when you post-qualified the contractor, the PCAB license and registration submitted was valid and maybe the location was as indicated in the bidding documents. Maybe it is also fair to assume that the problem the project was not immediately started was not because of the contractor, but more of the problem of the procuring entity completing the documents (whatever they may be). I would also assume that the Notice to Proceed (NTP) was not issued because of that problem. For all intents and purposes, therefore, the contract is not yet effective because the contract effectivity has to be indicated in the NTP which should not later than seven (7) c.d. from its issuance. What is there to terminate, therefore?

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