Common use of Authority’s Claim Clause in Contracts

Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against the Contractor in the following cases: (a) If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the Contractor; and (b) Any other claim otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it.Either Party may then try to amicably settle the dispute. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor or otherwise claim against the Contractor under the Contract.

Appears in 1 contract

Samples: Construction Contract

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Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against the Contractor Developer in the following cases: (a) If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the ContractorDeveloper; and (b) Any other claim otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor Developer as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor Developer and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor Developer in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor Developer of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor Developer gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it.Either Party may then try to amicably settle the disputedispute in terms of Clause 18.3. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor Developer or otherwise claim against the Contractor Developer under the Contract.

Appears in 1 contract

Samples: Construction Contract

Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against the Contractor in the following cases: (a) a. If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the Contractor; and (b) b. Any other claim otherwise Otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it.. Either Party may then try to amicably settle the disputedispute in terms of Clause 18.3. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor or otherwise claim against the Contractor under the Contract.

Appears in 1 contract

Samples: Construction and Maintenance Contract

Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against the Contractor in the following cases: (a) If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the Contractor; and (b) Any other claim otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, determination unless the Contractor gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it.. Either Party may then try to amicably settle the dispute. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor or otherwise claim against the Contractor under the Contract.

Appears in 1 contract

Samples: Construction Contract

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Authority’s Claim. 18.1.1 The Authority shall be entitled to raise a claim ("Authority’s Claim") against to the Contractor in the following cases: (a) If the Authority has paid any amount which is attributable to the breach of any terms and conditions of the Contract by the Contractor; and (b) Any other claim otherwise Otherwise specifically stated so in this Contract. In the above cases, the Authority shall give notice and particulars to the Contractor as soon as practicable but not later than 7 (seven) days after the date on which the Authority became aware of the event or circumstances giving rise to the Authority's Claim. 18.1.2 The notice of the Authority in terms of Clause 18.1.1, shall specify the particulars which form the basis of the Authority's Claim, and shall include substantiation of the amount and/or extension to which the Authority considers it is entitled in connection with such Authority's Claim. A notice relating to any extension of the Defect Liability Period shall be given before the expiry of such period. The Authority shall then proceed to agree to determine (i) the amount which the Authority is entitled to be paid by the Contractor and/or (ii) extension in the Defect Liability Period. While determining any such matter the Authority shall consult the Contractor in an endeavour to reach an agreement. If an agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. 18.1.3 The Authority shall give notice to the Contractor of each agreement or determination with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor gives a notice to the Authority of its dissatisfaction with a determination within 14 (fourteen) days of receiving it.. Either Party may then try to amicably settle the disputedispute in terms of Clause 18.3. 18.1.4 The Authority may deduct such amount from any moneys due or to become due to the Contractor or otherwise claim against the Contractor under the Contract.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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