The Contractor has terminated because the Employer has had a winding-up order made against it (R5). What is the amount due?

NEC3 and NEC4 Contracts Termination
1

The Contractor has terminated because the Employer is a company or partnership and has had a winding-up order made against it (R5). What is the amount due?

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The amount due will be that outlined in A1 (Clause 93.1), A2 and A4 (Clause 93.2) . A1 includes:

		an amount due for normal payments,
	
		the Defined Cost for Plant and Materials
	
		Other Defined Cost expected to be incurred in completing the whole of the works,
	
		amounts retained by the Employer,
	
		deduction of un-repaid balance of an advanced payment.


	A2 includes: The forecast Defined Cost of removing Equipment.

	A4 includes:

	
		Any excess of the total of the Prices at the Contract Date over the Price for Work Done to Date (Options A, B, C and D) or
	
		Any excess of the first forecast of the Defined Cost for the works over the Price for Work Done to Date less the Fee.