A contract for work creates duties for both parties. If the client seriously breaches their obligations, the contractor may legally withdraw from the contract.

Common legal grounds for withdrawal include:

• Failure to pay agreed advances or instalments

• Lack of cooperation – e.g. not providing access to the property or necessary materials

• Significant changes to the project by the client, making performance unreasonable or impossible

• Repeated interference with the execution, contrary to the agreed plans

The contractor must prove that the breach is serious enough to justify withdrawal. A single delay or inconvenience is usually not sufficient.

Proper procedure:

1. Send a written notice requesting remedy, with a reasonable deadline.

2. If the breach continues, issue a formal withdrawal letter, stating reasons and referring to the breach.

3. Keep evidence – emails, notices, photos, witness statements.

The contractor is entitled to payment for work already completed. The amount should be negotiated or assessed by the court if disputed.

Pitfalls to avoid:

• Unjustified withdrawal may result in liability for damages or contractual penalties.

• Withdrawal is not a tool for frustration – there must be legal justification.

• For public or large-scale projects, always seek legal advice before withdrawing.