The Employer has terminated because an event has occurred which has stopped the contractor from completing the works. What is the amount due?

NEC3 and NEC4 Contracts Termination
1

The Employer has terminated because an event has occurred which: has stopped the Contractor from completing the works; has stopped the Contractor completing the works by the date shown on the Accepted Programmed and is forecast to delay Completion by more than 13 weeks; neither Party could prevent; and an experienced Contractor would have judged at the Contract Date to have such a small chance of occurring that it would have been unreasonable for him to have allowed for it (R21). What is the amount due?

1 Like
2

The amount due will be that outlined in A1 (Clause 93.1) and A2 (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.