356. Right to suspend performance for non-payment.

Where the requirement to pay a notified sum due under a construction contract1 on or before the final date for payment2 applies in relation to any sum but is not complied with, the person to whom the sum is due has the right, without prejudice to any other right or remedy, to suspend performance of any or all of his obligations under the contract to the party by whom payment ought to have been made (the 'party in default')3. The right may not be exercised without first giving to the party in default at least seven days' notice of