Common use of CONSTRUCTION CONTRACTS XXX 0000 Clause in Contracts

CONSTRUCTION CONTRACTS XXX 0000. 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 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. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Xxx 0000; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.

CONSTRUCTION CONTRACTS XXX 0000. 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 because 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 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. 6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Xxx 0000; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.