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Section 9Disputes and Termination

Clause 91.4

Termination by Contractor — Non-Payment (R16)

Purpose

The Contractor may terminate if the Client has not paid an amount due under the contract within thirteen weeks of the date that the Contractor should have been paid.

Practical Application

Persistent non-payment by the Client gives the Contractor the right to terminate. The 13-week period is measured from the date payment was due, providing a significant buffer before termination.

Common Pitfalls

The 13-week period runs from when payment was due, not from the assessment date. Payment disputes between the Parties may complicate the calculation of when the period starts.

Related Clauses

📖 This summary is for reference. For the full, authoritative NEC4 contract text — including all amendments, guidance notes, and flow charts — visit the official NEC website.

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⚠️ This commentary is for reference only. Always refer to the full NEC4 contract text and seek professional legal or contractual advice for your specific project.