Common use of CONSTRUCTION CONTRACTS ACT 2002 Clause in Contracts

CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract. b. If the Company suspends work, it (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right under the contract including the right to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. If the Company exercises the right to suspend work, the exercise of that right does not (i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 52 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract. b. If the Company suspends work, it (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right under the contract including the right to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. If the Company exercises the right to suspend work, the exercise of that right does not (i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 Contract and Commercial Law Act or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 38 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. a) The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract. b. b) If the Company suspends work, it (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right under the contract including the right to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. c) If the Company exercises the right to suspend work, the exercise of that right does not (i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 Contract and Commercial Law Act or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 16 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract. b. If the Company suspends work, it (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right under the contract including the right to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. If the Company exercises the right to suspend work, the exercise of that right does not (i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 Act 1979 or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 4 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. a) The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract. b. b) If the Company suspends work, it (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right under the contract including the right to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. c) If the Company exercises the right to suspend work, the exercise of that right does not (i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 Act 1979 or (ii) enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 1 contract

Samples: General Terms and Conditions

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CONSTRUCTION CONTRACTS ACT 2002. The Customer Client hereby expressly acknowledges that: a. The Company (a) DSL has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer Client, and: (i) the payment is not paid in full by the due date for payment and no payment schedule has been given by the CustomerClient; or (ii) a schedules scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to the Company DSL by a particular date; and (iv) The Company DSL has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction contract. b. If the Company (b) if DSL suspends work, it: (i) is not in breach of contract; and (ii) is not liable for any loss or damage whatsoever suffered, or alleged to have suffered be suffered, by the Customer Client or by any person claiming through the CustomerClient; and (iii) is entitled to an extension of time to complete the contract; and (iv) keeps it’s right its rights under the contract including the right to terminate the contract contract; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. If the Company (c) if DSL exercises the right to suspend work, the exercise of that right does not: (i) affect any rights that would otherwise have been available to the Company DSL under the Contractual Remedies Xxx 0000 Act 1979; or (ii) enable the Customer Client to exercise any rights that may otherwise have been available to the Customer Client under that Act as a direct consequence of the Company DSL suspending work under this provision. .

Appears in 1 contract

Samples: Terms of Trade

CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that: a. The Company has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer and: (i) the i. The payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (ii) a schedules . A scheduled amount stated in a any payment schedule issued by the Customer in relation to any goods or Services supplied, the payment claim is not paid in full by the due date for its payment; or (iii) the . The Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to the Company by a particular date; and (iv) . The Company has given written notice to the Customer of its intention to suspend the carrying out of any construction work under the construction contractwork. b. If the Company suspends workwork under this Clause, it (i) is i. Is not in breach of contract; and (ii) is . Is not liable for any loss or damage whatsoever suffered, or alleged to have suffered by the Customer or by any person claiming through the Customer; and (iii) is . Is entitled to an extension of time to complete the contract; and (iv) keeps it’s right . Keeps its rights under the contract including the right right, at the Company’s sole discretion, to terminate the contract and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied with. c. If the Company exercises the right to suspend work, the exercise of that right does not (i) not affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 or (ii) Contract and Commercial Law Act 2017or enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct consequence of the Company suspending work under this provision.

Appears in 1 contract

Samples: Terms of Trade

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