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NEC ECC: Option A contract expiratoin

+1 vote
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As a sub-contractor we have signed acceptance on a Sub-contract agreement and back to back on the main contract.

Both contract Completion Dates have expired.

We are failing to make cost recovery from the main contractor, who persists in delayed payments.

Do we have grounds for termination, if not how do we deal with the expired contracts?
asked Apr 5, 2017 in Time by Vamp  
recategorized Apr 27, 2017 by Chris Corr

1 Answer

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Best answer
It's difficult to answer your question without a greater understanding of the circumstances you find yourself in.

The reasons for termination are stated under clause 91, if you can satisfy yourself that one of those reasons has occurred then you may have the right to terminate. Note that as Subcontractor you can only terminate for R1 to R10, R16, R19 and R20.

You may however want to consider dispute resolution under W1 or W2 as an alternative to enable you to reach a settlement with the Contractor.
answered Apr 5, 2017 by Neil Earnshaw Panel Members (21,880 points)