The Contractor shall be entitled to
terminate the Contract if:
(a) the Contractor does not receive the reasonable evidence within 42 days after giving notice regarding the Contractor’s Entitlement to Suspend Work in respect of a failure to comply with Employer’s Financial Arrangements.
(b) the Engineer fails, within 56
days after receiving a Statement and supporting documents, to issue the
relevant Payment Certificate,
(c) the Contractor does not receive
the amount due under an Interim Payment Certificate within 42 days after the
expiry of the time stated in Payment
within which payment is to be made (except for
deductions in accordance with Employer’s
Claims,
(d) the Employer substantially fails
to perform his obligations under the Contract,
(e) the Employer fails to comply with
Sub- Contract Agreement or Assignment,
(f) a prolonged suspension affects
the whole of the Works as described in Prolonged
Suspension , or
(g) the Employer becomes bankrupt or
insolvent, goes into liquidation, has a receiving or administration order made
against him, compounds with his creditors, or carries on business under a
receiver, trustee or manager for the benefit of his creditors, or if any act is
done or event occurs which (under applicable Laws) has a similar effect to any
of these acts or events. In any of these events or circumstances, the Contractor
may, upon giving 14 days’ notice to the Employer, terminate the Contract.
However, in the case of sub-paragraph (f) or (g), the Contractor may by notice
terminate the Contract immediately. The Contractor’s election to terminate the
Contract shall not prejudice any other rights of the Contractor, under the
Contract or otherwise.
If the Contractor believes that the Employer's failure of performance is sufficiently serious to merit termination under this Sub-Clause, the Contractor should take legal advice before giving notice under this Sub-Clause. A notice of termination that is subsequently decided to be unjustified would constitute a breach of contract by the Contractor. It may also be prudent for the legal adviser to prepare the notice of termination.
The notice of termination may specify the Employer's failures, although it may not be essential to classify them under the items listed in the sub-paragraphs. If the Contractor gives notice and then wishes to withdraw it, the Parties may agree that the notice shall be of no effect and that the Contract is not terminated.
If the notice only takes effect 14
days later, and not "immediately", it may be necessary for the
Contractor to be instructed (for example) to make the Works safe and secure: (a)).
In some cases, the Contractor's compliance with these instructions may be
required by the Country's safety laws.
Source: The FIDIC Contracts Guide
CONDITIONS OF CONTRACT FOR PLANT AND DESIGN-BUILD
CONDITIONS OF CONTRACT FOR FOR EPC/TURNKEY PROJECTS
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