Clause 92 procedures on termination clause 92.2 sets out the procedure on termination. P2 states that the Employer may instruct the Contractor to leave the Site, remove any Equipment, Plant and Materials from the Site and assign the benefit of any subcontract or other contract related to performance of this contract to the Employer.
Clause 90.2 sets out the Reason R1 to R21, the Procedure P1 to P4 and Amount A1 to A4.
The Guidance Notes to the ECC state:
92.2 Under procedure P2, the Employer’s right to enforce assignment of the benefits
of a subcontract will be subject to the terms of the subcontract. In certain
cases, a new contract (novation) may be necessary.
So the answer seems to lie in what is stated in the Subcontract about assignment and the Reason for termination and the relevant procedure in the table in clause 90.2
It may be that the Employer had additional conditions of contract in relation to a requirement for a Subcontractor to agree to assignment of subcontract to the Employer in the event of a termination?