You are the new Contract Manager of the Contractor in a bridge project using FIDIC...

A prolonged suspension for more than 1 year has affected the whole of the Works.

The Contractor does not receive the amount due under the latest Payment Certificate for more than 4 months after the due date.

The Contractor has requested the Employer but has not received any evidence that the financial arrangement is being maintained, despite having sent a notice thereto 4 months earlier.

The Employer failed to comply with a final and binding determination issued by the Engineer, and such failure constitutes a material breach of the Employer ' s obligations under the Contract.