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.
Member for
17 years 3 monthsRE: Claim Procedures and Emplyer Reps’ action
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