Suspension Rights: Diverging Paths in the UK and Ireland

Melissa de Oliveira

February 2026

The paper awarded second place in the SCL Ireland Young Practitioners Essay Competition 2025

The paper looks at the right to suspend and the comparable but distinct regimes adopted by the UK and Ireland. It examines how the statutory rights operate alongside two contrasting standard forms: the NEC4 Engineering and Construction Contract, founded on cooperation and proactive risk management; and Ireland’s Public Works Contract for Building Works Designed by the Employer (PW-CF1), which prioritises price certainty and administrative control. In considering each framework, the paper finds that the right to suspend is more than a procedural device; it reflects the underlying balance of risk, bargaining power and trust between the parties.

Introduction – Common law and statutory context – The NEC4 Engineering and Construction Contract (NEC4 ECC) – Suspension under the NEC4 ECC Public Works Contract (PW-C) – Suspension under the PW-CF1 – Conclusion

The author: Melissa de Oliveira is an Associate Director at Rimkus.

Text: 8 pages

Author
Melissa de Oliveira
Publication year
2026