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NEC termination reasons are the numbered reasons R1 to R21 in NEC3 and R1 to R22 in NEC4, set out in clause 91. Each one is open to a named Party, and each leads to a particular row in the Termination Table.

The periods differ between forms and editions, so the table below shows the form each one comes from. Amended contracts may differ. See also the wider guide to NEC disputes and termination.

The full list

ReasonIn plain EnglishWho may use itClause
R1An individual has applied for bankruptcy (NEC3: presented a petition)Either91.1
R2An individual has a bankruptcy orderEither91.1
R3An individual has a receiver over assetsEither91.1
R4An individual has an arrangement with creditorsEither91.1
R5A company or partnership has a winding-up orderEither91.1
R6A provisional liquidator has been appointedEither91.1
R7A resolution for winding-up has passed, other than to amalgamate or reconstructEither91.1
R8An administration order or, in the NEC4 text, an administrator's appointmentEither91.1
R9A receiver, or similar, over all or a large part of the undertaking or assetsEither91.1
R10A company or partnership arrangement with creditorsEither91.1
R11The Contractor has substantially failed to comply with its obligationsClient, after notification and a period91.2
R12A required bond or guarantee hasn't been providedClient, as above91.2
R13A Subcontractor was appointed for substantial work before acceptanceClient, as above91.2
R14The Contractor has substantially hindered the Client or OthersClient, after notification and a period to stop91.3
R15The Contractor has substantially broken a health or safety regulationClient, as above91.3
R16An amount due hasn't been paid for the stated timeContractor91.4
R17The law has released the Parties from further performance of the whole contractEither91.5
R18A long stop instruction, due to the Contractor's defaultClient91.6
R19A long stop instruction, due to the Client's defaultContractor91.6
R20A long stop instruction, for any other reasonEither91.6
R21An event neither Party could prevent stops or severely delays completionClient91.7
R22The Contractor does a Corrupt Act (NEC4 only)Client91.8

R1 to R10 apply to the other Party, "or its equivalent". That wording helps cover similar processes under other names or other legal systems. R1 to R10 raise legal issues of their own, which we cover in insolvency and NEC contracts.

The periods

PeriodNEC4 ECCNEC3 ECCNEC4 ECS
Put right a default (R11 to R13, 91.2)4 weeks from notification4 weeks from notification3 weeks from notification
Stop a default (R14, R15, 91.3)4 weeks from notification4 weeks from notification3 weeks from notification
Unpaid amount (R16, 91.4)13 weeks after it should have been paid11 weeks after it should have been paid13 weeks after it should have been paid
Stop instruction (R18 to R20, 91.6)13 weeks13 weeks14 weeks
Event: forecast delay to Completion (R21, 91.7)More than 13 weeksMore than 13 weeksMore than 13 weeks

Reading some reasons closely

R11 is about substance

"Substantially failed" isn't a low bar. A single missed date probably won't do. A pattern of ignoring a safety-critical part of the Scope might. The Project Manager needs to notify the default clearly, and the period then starts. After the period, the Client may terminate if the default hasn't been put right.

R16 has a date to count from

The clock counts from when the amount should have been paid. It doesn't begin at the date of a dispute. An amount the Project Manager hasn't certified may be argued about, so a Contractor should check whether the amount really is "due" under the contract.

R21 is narrow

The tests mirror the prevention event: 60.1(19). Only the Client can use it. Our guide to force majeure and NEC explains how these fit together.

R22 has a defence for the supply chain

A Corrupt Act done by a Subcontractor or supplier doesn't count against the Contractor if it wasn't aware and shouldn't have been, or if, once it knew, it told the Client and took steps to end it.

An example: running R12

A fictional Contractor was required to give a performance bond under Option X13, but hasn't. On NEC3, the Project Manager notifies the default on 3 June. Four weeks on, on 1 July, there's still no bond. The Employer may then notify termination for R12. The Project Manager checks the dates, and issues the certificate. P1, P2 and P3 then apply, with A1 and A3 for the money. Illustrative only.

The right to terminate isn't compulsory. Clients often use the threat as a way to bring things to a head.

See how this works in practice

Click through Contract Status with sample contracts: raise the notice, reply to it, and watch both sides of one record.

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This guide is general information in our own words, not legal advice. Your contract and its Contract Data always govern. NEC, NEC3 and NEC4 are trade marks of Thomas Telford Ltd; Contract Status is not affiliated with or endorsed by NEC.