NEC ECSS: Short sub contract payment

NEC4: Can a subcontractor suspend works for non payment under NEC4 shortform sub contract? I can only see cls 90.4 which can terminate the contract after a 13 week period of non payment.

The short form contract is slightly off in that it does not set out an express right to suspend for non payment; although the UK option set out in Clause 1.5 (see page 17) makes it clear that a suspension for non-payment is a compensation event. Give that there is no express right, then the subcontractor would have to reply upon Section 112 of the amended Construction Act in order to effect a suspension.