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Michael Bennett

An Introduction of Termination under NEC4 ECS (Part 1)

An Introduction of Termination under NEC4 ECS (Part 1)

Termination is an important part of any contract, not least as if specific reasons are not included then rights to terminate are often very limited.

The NEC4 provides an extensive list of reasons why each Party may be permitted to terminate the Subcontract, designed to cover all possibilities.  There are, however, some tricks and challenges which using them and understanding the differences in wording between what may otherwise seem to be very similar rights.

Given the complexity of termination, this has been split into two courses.  The first will consider the reasons why termination is permitted, while the second will look at how to activate the termination right and what happens when you do.

After completing this course, you should:

  1. Understand the numbering used by the NEC4 for its termination reasons (the R codes)
  2. Be able to explain the reasons why each Party may terminate the subcontract
  3. Be familiar with the nuances in the wording between some of the reasons and how this affects interpretation
  4. Know some of the difficulties with the termination provisions and how, in principle, they may be amended in order to rectify some of the issues
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