Claim Procedures and Emplyer Reps’ action
Forum Sponsor
Top Posters
Julian Pegg
1 posts
Peter Nagy
2 posts
Raymund de Laza
17 posts
Syed_Asad
0 posts
Tony Greyvenstein
0 posts
Ahmed Al-Jubouri
13 posts
Umar Alvi
3 posts
Sibusiso Mahlalela
0 posts
Michael Samanyayi
3 posts
Simon Gumede
0 posts
Dear Sajid,
You are correct, the RE is mixing two issues here. You are advised to follow clause 16.2 "Termination by Contractor"
Please review the following clauses:
16.1. The RE has 42 days to send you evidence that they took the necessary action to satify their financial responsibilities.
16.2 Contractor can terminate if they do not receive the amount due under an Interim Payment Certificate within 42 days after the expiry of the time (56 days from submittal of the invoice). So 56+42 = 108 days (about 3 and half months). So you can send him another notice under this clause stating that you are terminating the Contract per this clause.
With kind regards,
Samer