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Section 9— Disputes and Termination

Clause 91.5

Termination — Release by Law (R17)

Purpose

Either Party may terminate if the Parties have been released under the law from further performance of the whole of the contract. This covers frustration or supervening illegality.

Practical Application

If the contract becomes impossible to perform or illegal, either Party may terminate under R17. This aligns with common law frustration principles.

Common Pitfalls

Frustration is a high legal threshold. Events making performance merely more difficult or expensive do not frustrate the contract. Legal advice should be sought before relying on this ground.

Related Clauses

Clause 91.1Clause 19.1

📖 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.