NEC ECS: Wrongful termination by the Contractor

If a Contractor terminates the contract through the use of R11 without notifying the Sub-Contractor of any defaults, is this a wrongful termination? In addition to this, after termination, if the Contractor/Project Manager fails to certify a payment within 14 weeks what happens next?

Well, putting myself in the Contractor’s position it would substantially help if they had informed you of how exactly you were in default / substantially failing to comply with your obligations, as you could then attempt to correct it within 4 weeks.

So it helps you that they have not !

I think in reality it might depend on what other correspondence was in existence / circulating at the time so that an independent arbiter could assess whether it was reasonably obvious to you or not what the default was.

If it was not, then it would be termination for any other reason which allows you to charge for A2 & A4 and not have A3 deducted.

If they fail to make an assessment within the 14 weeks of the subcontract, then you should make an application which, if they fail to respond to that, leads onto another question.