Pursuant to NEC4 clause 51.2 payment has not been made to our Contractor.
The Secondary Options do not include any Y Options, however Contract Data Part One has under payment ‘if the period in which payments is not three weeks and Y(UK)2 is not used, 34 days’ from the assessment date.
What would be the remedy for the Contractor as a result of non payment. I am familiar with Y(UK)2 and the ability to give notice and suspend works until payment is made with interest, also resulting in a Compensation Event to the Contractor.
There are no Z options on how to deal with the matter, and I am unsure if the Contractor can decide to suspend works.