Common use of CONSTRUCTION CONTRACTS ACT 2002 Clause in Contracts

CONSTRUCTION CONTRACTS ACT 2002. 6.1 The Company shall be entitled to exercise all or any powers available to the Company under the Construction Contracts Act 2002 including suspension of work, adjudication and seeking charging orders. 6.2 The Customer acknowledges that: (a) The Company has the right to suspend work within five (5) working days of the date of any written notice of its intent to do so: (i) A Claimed Amount in a Payment Claim is not paid in full by the due date for payment and no Payment Schedule has been provided by the Customer; or (ii) A Scheduled Amount provided in a Payment Schedule provided 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 the Works. (b) If the Company suspends work, it: (i) Is not in breach of this agreement; (ii) Is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; (iii) Is entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time; (iv) Keeps its rights under this agreement including the right to terminate this agreement; (v) 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 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. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

Appears in 5 contracts

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

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CONSTRUCTION CONTRACTS ACT 2002. 6.1 The Company shall be entitled to exercise all or any powers available to the Company under the Construction Contracts Act 2002 including suspension of work, adjudication and seeking charging orders. 6.2 The Customer acknowledges that: (a) The Company has the right to suspend work within five (5) working days of the date of any written notice of its intent to do so: (i) i. A Claimed Amount in a Payment Claim is not paid in full by the due date for payment and no Payment Schedule has been provided by the Customer; or (ii) . A Scheduled Amount provided in a Payment Schedule provided 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 the Works. (b) If the Company suspends work, it: (i) i. Is not in breach of this agreement; (ii) . Is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer or by any person claiming through the Customer; (iii) . Is entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time; (iv) . Keeps its rights under this agreement including the right to terminate this agreement; (v) v. 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) i. Affect any rights that would otherwise have been available to the Company under the Contractual Remedies Act 1979Xxx 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. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002Xxx 0000; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

Appears in 1 contract

Samples: General Terms and Conditions Agreement

CONSTRUCTION CONTRACTS ACT 2002. 6.1 The Company shall be entitled to exercise all or any powers available to “CCA”) a. For the Company under purposes of this clause the Construction Contracts Act 2002 including suspension definition of “payment claim”, “payment schedule”, “scheduled amount”, “construction work, adjudication “construction contract”, “adjudicator” are as specified in the CCA Where the nature of the Services provided is covered by the CCA, you expressly acknowledge and seeking charging orders. 6.2 The Customer acknowledges agree that: (a) The Company has the right to i. We may suspend work works within five (5) working days of the date of any written notice of its intent to do soso if the following circumstances apply: a. The Customer has not paid a claimed amount in full by the due date of its payment, and no payment schedule has been provided by the Customer (i) being the party who is claimed to be liable for the payment); or b. A Claimed Amount in a Payment Claim is scheduled amount has not been paid in full by the due date for of its payment and no Payment Schedule has been provided even though a payment schedule given by the CustomerCustomer indicates a scheduled amount that the Customer proposes paying to us; or (ii) A Scheduled Amount provided in a Payment Schedule provided by the Customer in relation to the Payment Claim is not paid in full by the due date for its payment; or (iii) c. The Customer has not complied with an adjudicator’s notice determination that the Customer must pay an amount to the Company us by a particular date; and (iv) The Company has ii. on the occurrence of any one of those events we are deemed to have given written notice to the Customer of its our intention to suspend the carrying out of construction work under the Worksconstruction contract under section 23(2)(b), section 24(2)(b) or section 59(2)(b) of the CCA, or as the case may be. (b) If b. Where we have lawfully suspended work and/or the Company suspends workServices in accordance with this Agreement, itthen without prejudice to our other rights and remedies we: (i) Is i. Are not in breach of this agreement;Agreement; and (ii) Is . are not liable for any loss (including loss of profit), cost, expense or damage whatsoever suffered, suffered or alleged to be suffered, by the Customer you or by any person claiming through the Customer;you; and (iii) Is . Are entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time;work/Services provided for under this Agreement; and (iv) Keeps its . Reserve all rights under this agreement Agreement including the right to terminate this agreement; (v) May Agreement, 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.; and (c) c. If the Company exercises we exercise the right to suspend the work/Services, the exercise of exercising that right does not: (i) i. Affect any rights that would otherwise have been available to us under this Agreement and the Company under the Contractual Remedies Contract and Commercial Law Act 19792017; or: (ii) . Enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act the CCA as a direct consequence of the Company Restoration Specialists suspending work under this provision. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

Appears in 1 contract

Samples: Terms of Trade

CONSTRUCTION CONTRACTS ACT 2002. 6.1 The Company shall be entitled to exercise all or any powers available to 20.1 In the Company under event that the Buyer is a residential occupier as defined by the Construction Contracts Act 2002 including suspension of work, adjudication and seeking charging orders. 6.2 The Customer the Buyer hereby expressly acknowledges that: (a) The Company Seller has the right to suspend work within five (5) working days of the date of any written notice of its intent to do soso if a payment claim is served on the Buyer, and: (i) A Claimed Amount in a Payment Claim the payment is not paid in full by the due date for payment and no Payment Schedule payment schedule has been provided given by the CustomerBuyer; or (ii) A Scheduled Amount provided a scheduled amount stated in a Payment Schedule provided payment schedule issued by the Customer Buyer in relation to the Payment Claim payment claim is not paid in full by the due date for its payment; or (iii) The Customer the Buyer has not complied with an adjudicator’s notice that the Customer Buyer must pay an amount to the Company Seller by a particular date; and (iv) The Company Seller has given written notice to the Customer Buyer of its intention to suspend the carrying out of construction work under the Worksconstruction contract. (b) If the Company Seller suspends work, it: (i) Is is not in breach of this agreement;contract; and (ii) Is is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Buyer or by any person claiming through the Customer;Buyer; and (iii) Is is entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time;contract; and (iv) Keeps keeps its rights under this agreement the contract including the right to terminate this agreement; (v) May 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 Seller exercises the right to suspend work, the exercise of that right does not: (i) Affect affect any rights that would otherwise have been available to the Company Seller under the Contractual Remedies Act 1979; or (ii) Enable enable the Customer Buyer to exercise any rights that may otherwise have been available to the Customer Buyer under that Act as a direct consequence of the Company Seller suspending work under this provision. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

Appears in 1 contract

Samples: Sales Contracts

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CONSTRUCTION CONTRACTS ACT 2002. 6.1 21.1. The Company shall be entitled to exercise all or any powers available to the Company under the Construction Contracts Act 2002 including suspension of work, adjudication and seeking charging orders. 6.2 The Customer Client hereby expressly acknowledges that: (a) The Company the Contractor has the right to suspend work within five (5) working days of the date of any written notice of its intent to do soso if a payment claim is served on the Client, and: (i) A Claimed Amount in a Payment Claim the payment is not paid in full by the due date for payment and no Payment Schedule payment schedule has been provided given by the CustomerClient; oror remaining provisions shall not be affected, prejudiced or impaired. (ii) A Scheduled Amount provided a scheduled amount stated in a Payment Schedule provided 23.2. These terms and conditions and any payment schedule issued by the Customer Client in relation to the Payment Claim payment claim is not paid in full by the due date for its payment; or (iii) The Customer the Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to the Company Contractor by a particular date; and (iv) The Company the Contractor has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the Worksconstruction contract. (b) If if the Company Contractor suspends work, it: (i) Is is not in breach of this agreement;contract; and (ii) Is is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the Customer;Client; and (iii) Is is entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time;contract; and (iv) Keeps keeps its rights under this agreement the contract including the right to terminate this agreement; (v) May 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 if the Company Contractor exercises the right to suspend work, the exercise of that right does not: (i) Affect affect any rights that would otherwise have been available to the Company Contractor under the Contractual Remedies Act 1979; or (ii) Enable 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 Contractor suspending work under this provision. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

Appears in 1 contract

Samples: Terms and Conditions of Trade

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