民用工程合同书(36)

　　　　（a）has abandoned the contract; or
　　　　（b）without reasonable excuse has failed to commence theworks or has suspended the progress of the works for twenty - eight days after receiving from the employer written notice toproceed; or
　　　　（c）has failed to remove materials from the site or.to pull down and replace work for twentyeight days after receiving from the employer written notice that the said materials or work had been condemned and rejected by the employer under these conditions; or
　　　　（d）despite previous warnings by the employer， in writing，is not executing the works in accordance with the contract， or is persistently or fragrantly neglecting to carry out his obligations under the contract; or
　　　　（e）has ，to the detriment of good workmanship，or in defianceof the employer's instructions to the contrary， sub- let any part of the contract;
　　then the employer may， after giving fourteen day's notice in writing to the contractor， enter upon the site and the works and expel the contractor therefrom without thereby voiding the contract， or releasing the contractor from any of his obligations or liabilities under the contract， or affecting the rights and powers conferred on the employer by the contract， and may himself complete the works or may employ any other contractor to complete the works.the employer or such other contractor may use for such completion so much of the constructional plant， temporary works and materials， which have been deemed to be re - served exclusively for the execution of the works， under the pro - visions of the contract， as he or they may think proper， and the employer may， at any time， sell any of the said constructional plant temporary works and unused materials and the proceeds of sale in or towards the satisfaction of any sums due or which may become due to him from the contractor under the contract.
　　the employer shall， as soon as may be practicable after any such entry and expulsion by the employer， fix and determine exparte， or by or after reference to the parties， or after such investigation or enquiries as he may think fit to make or institute， and shall certify what amount， if any， had at the time of such entry and expulsion been reasonably earned by or would reasonably accrue to the contractor in respect of work then actually done by him trader the contract and the value of any of the said unused or partially used materials， any constructional plant and any temporary works.