We are using the NEC3 Term Service Short Contract (TSSC). We and are looking to terminate in accordance with the provisions of clause 90.1 (reasons 2 and 3). The clause suggests that we have to issue a termination certificate. Can you advise whether there is a standard form for this, or whether it is anticipated that this will be a formal letter headed ‘termination certificate’?
There is no standard form for this. The communication must be ‘in writing’ (see clause 13.1) and must make it clear what it is.
Please note that this is a two-part process. First the employer needs to notify the contractor that they wish to terminate, and then they issue a certificate if the reason given complies with the contract. You must also bear in mind with reasons 2 and 3 you must first give a notification of the default and then allow the contractor 2 weeks to stop defaulting before you can notify your intention to terminate.