The Employer is continuously failing to make payment in the timescales provided in the contract Data (CD = 37 days from the assessment date).
We (the Contractor) are seeking avenues to address this late payment and in accordance with Clause 91.4 may review termination if the Employer fails to make payment on a certified amount within 13 weeks of the certificate (R16).
Q1: If the Employer fails to make payment within the 13 week timescale, but makes payment say on week 15, can we as the Contractor still terminate? Or do we have to notify termination prior to payment (post week 13)? I.e. if the Employer makes payment albeit later than than Cl91.4 we cannot terminate?
Q2: Is there a timescale for the Contractor to notify termination regarding Cl91.4?
Many Thanks