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Channel: ReachBack by BuiltIntelligence - Recent questions and answers in NEC3 and NEC4 Contracts
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Answered: NEC TSC: Does the wording of Clause 90.2 exclude common law termination?

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In short, yes it does. The clause is clear that the only rights of C are as stated in Cl. 90.2. That means C’s rights are contractual to exclusion /limitationnof those rights existing otherwise under common law. By contrast, the E’s rights are expressed as being for any reason- that means E is not confined in any way by contract therefore full common law rights exist.
It will be a secondary question as to the amount of £ payable on termination- in both cases the contract > common law rights to “compensation”.

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