Clause 91.4 is clear in that the right to terminate arises once the Employer does not pay an amount certified within 13 weeks of the date of the certificate.
There is no qualification to say that this right no longer applies if payment is subsequently made in full, which is the case with the right to suspend performance under the 'Construction Act' for non-payment.
To maintain this right, however, you would need to be sure that you are not prevented (estoppel) by your subsequent actions, either by possibly not taking timely action or by taking action which can be construed as foregoing this right, which has been relied upon by the other party.
There is no qualification to say that this right no longer applies if payment is subsequently made in full, which is the case with the right to suspend performance under the 'Construction Act' for non-payment.
To maintain this right, however, you would need to be sure that you are not prevented (estoppel) by your subsequent actions, either by possibly not taking timely action or by taking action which can be construed as foregoing this right, which has been relied upon by the other party.