Common use of Contractor’s Entitlement to Suspend Work Clause in Contracts

Contractor’s Entitlement to Suspend Work. Notwithstanding the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in Sub-Clause 2.4 [Employer’s Financial Arrangements], the Contractor may by notice suspend work or reduce the rate of work at any time, but not less than 7 days after the Contractor was informed of the Borrower and the Employer having received the suspension notification from the Bank. The Contractor’s action shall not prejudice his entitlements to financing charges under Sub- Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:

Contractor’s Entitlement to Suspend Work. Notwithstanding If the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments Contract Awarder fails to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in comply with Sub-Clause 2.4 [Employer’s Contract Awarder's Financial Arrangements] or Sub­-Clause 14.7 [Timing of Payments], the Contractor may by may, after giving not less than 21 days' notice to the Contract Awarder, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until the Contractor was informed of the Borrower and the Employer having has received the suspension notification from reasonable evidence or payment, as the Bankcase may be and as described in the notice. The Contractor’s 's action shall not prejudice his entitlements to financing charges under Sub- Clause Sub-­Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer Contract Awarder and shall be entitled subject to Sub-Clause 20.1 [Contractor’s 's Claims] to: (a) an extension of time for any such delay, if completion is or will be delayed under Sub­Clause 8.4 [Extension of Time for Completion], and (b) payment of any such Cost plus reasonable profit, which shall be added to the Contract Price. After receiving this notice, the Contract Awarder shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.

Contractor’s Entitlement to Suspend Work. Notwithstanding If the other provisions of this Engineer fails to certify in accordance with Sub-Clause, if Clause 14.6 [Issue of Interim Payment Certificates] or the Bank has suspended disbursements under the loan or credit from which payments Procuring entity fails to the Contractor are being made, in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in comply with Sub-Clause 2.4 [EmployerProcuring entity’s Financial Arrangements] or Sub-Clause 14.7 [Payment], the Contractor may by may, after giving not less than 21 days’ notice to the Procuring entity, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until the Contractor was informed of the Borrower and the Employer having has received the suspension notification from Payment Certificate, reasonable evidence or payment, as the Bankcase may be and as described in the notice. The Contractor’s action shall not prejudice his entitlements to financing charges under Sub- Sub-Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:: an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters. Termination by Contractor The Contractor shall be entitled to terminate the Contract if: the Contractor does not receive the reasonable evidence within 42 days after giving notice under Sub-Clause 16.1 [Contractor’s Entitlement to Suspend Work] in respect of a failure to comply with Sub-Clause 2.4 [Procuring entity’s Financial Arrangements], the Engineer fails, within 56 days after receiving a Statement and supporting documents, to issue the relevant Payment Certificate, the Contractor does not receive the amount due under an Interim Payment Certificate within 42 days after the expiry of the time stated in Sub-Clause 14.7 [Payment] within which payment is to be made (except for deductions in accordance with Sub-Clause 2.5 [Procuring entity’s Claims]), the Procuring entity substantially fails to perform his obligations under the Contract in such manner as to materially and adversely affect the economic balance of the Contract and/or the ability of the Contractor to perform the Contract, the Procuring entity fails to comply with Sub-Clause 1.6 [Contract Agreement] or Sub-Clause 1.7 [Assignment], a prolonged suspension affects the whole of the Works as described in Sub-Clause 8.11 [Prolonged Suspension], or In the event the funding entity suspends the loan or credit from which part of the payments to the Contractor are being made, if the Contractor has not received the sums due to him upon expiration of the 14 days referred to in Sub-Clause 14.7 [Payment] for payments under Interim Payment certificates, the Contractor may, without prejudice to the Contractor's entitlement to financing charges under Sub-Clause 14.8 [Delayed Payment], take one or both of the following actions, namely (i) suspend work or reduce the rate of work, and (ii) terminate his employment under the Contract by giving notice to the Procuring entity, with a copy to the Engineer, such termination to take effect 14 days after the giving of the notice. the Contractor does not receive the Engineer’s instruction recording the agreement of both Parties on the fulfilment of the conditions for the Commencement of Works under Sub-Clause 8.1 [Commencement of Works]. In any of these events or circumstances, the Contractor may, upon giving 14 days’ notice to the Procuring entity, terminate the Contract. However, in the case of sub-paragraph (f) or (g), the Contractor may by notice terminate the Contract immediately. The Contractor’s election to terminate the Contract shall not prejudice any other rights of the Contractor, under the Contract or otherwise. Cessation of Work and Removal of Contractor’s Equipment After a notice of termination under Sub-Clause 15.5 [Procuring entity’s Entitlement to Termination for Convenience], Sub-Clause 16.2 [Termination by Contractor] or Sub-Clause 19.5 [Optional Termination, Payment and Release] has taken effect, the Contractor shall promptly: cease all further work, except for such work as may have been instructed by the Engineer for the protection of life or property or for the safety of the Works, hand over Contractor’s Documents, Plant, Materials and other work, for which the Contractor has received payment, and remove all other Goods from the Site, except as necessary for safety, and leave the Site. Payment on Termination After a notice of termination under Sub-Clause 16.2 [Termination by Contractor] has taken effect, the Procuring entity shall promptly: return the Performance Security to the Contractor, pay the Contractor in accordance with Sub-Clause 19.6 [Optional Termination, Payment and Release], and pay to the Contractor the amount of any loss or damage sustained by the Contractor as a result of this termination.

Contractor’s Entitlement to Suspend Work. Notwithstanding If the other provisions of this Sub-Clause, if Employer/s fail/s to work in conjunction with the Bank has suspended disbursements under financial institution providing the loan or credit from which payments to the Contractor are being made, in whole or in part, funding for the execution of the Works, and no alternative funds are available Project/s as provided for envisaged in Sub-Clause 2.4 14.6 [Employer’s Financial ArrangementsTiming of Payments], the Contractor may by may, after giving not less than 21 (Twenty one) days' notice to the Employer/s, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until the Contractor was informed has received the co-operation of the Borrower Employer/s with regard to the financial institution providing the funding for the Project/s and concomitant payment described in the Employer having received the suspension notification from the Banknotice. The Contractor’s 's action shall not prejudice his entitlements to financing charges under Sub- Clause 14.8 [Delayed Payment] and to termination under Sub-Clause 16.2 21.2 [Termination by Contractor]. If the Contractor subsequently receives such Payment Certificate, evidence or payment from the financial institution providing the funding for the Project/s pursuant to the co-operation of the Employer/s (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer Employer/s and the financial institution providing the funding for the Project/s and shall be entitled subject to Sub-Clause 20.1 25.1 [Contractor’s 's Claims] to: (a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and (b) payment of any such Cost-plus reasonable profit, which shall be added to the Contract Price and notified to the financial institution providing the funding for the Project/s. After receiving this notice, the Employer/s shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.

Contractor’s Entitlement to Suspend Work. Notwithstanding 16.1 Sub Clause 16.1 is amended to read as under: If the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments Engineer fails to the Contractor are being made, certify in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in accordance with Sub-Clause 2.4 [Employer’s Financial Arrangements14.6 [ Item Sub- Clause Data Issue of Interim Payment Certificates ] or Sub-Clause 14.7 [ Payment ], the Contractor may by may, after giving not less than 21 days’ notice to the Employer, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until the Contractor was informed of the Borrower and the Employer having has received the suspension notification from Payment Certificate, reasonable evidence or payment, as the Bankcase may be and as described in the notice. The Contractor’s action shall not prejudice his entitlements to financing charges under Sub- Sub-Clause 14.8 [[ Delayed PaymentPayment ] and to termination under Sub-Clause 16.2 [[ Termination by ContractorContractor ]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [[ Contractor’s ClaimsClaims ] to:: (a) an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4 [ Extension of Time for Completion and (b) payment of any such Cost plus profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.

Contractor’s Entitlement to Suspend Work. Notwithstanding 16.1 Sub Clause 16.1 is amended to read as under: If the other provisions of this Sub-Clause, if the Bank has suspended disbursements under the loan or credit from which payments Engineer fails to the Contractor are being made, certify in whole or in part, for the execution of the Works, and no alternative funds are available as provided for in accordance with Sub-Clause 2.4 [Employer’s Financial Arrangements14.6 [ Issue of Interim Payment Certificates ] or Sub-Clause 14.7 [ Payment ], the Contractor may by may, after giving not less than 21 days’ notice to the Employer, suspend work (or reduce the rate of work at any time, but not less than 7 days after work) unless and until Item Sub- Clause Data the Contractor was informed of the Borrower and the Employer having has received the suspension notification from Payment Certificate, reasonable evidence or payment, as the Bankcase may be and as described in the notice. The Contractor’s action shall not prejudice his entitlements to financing charges under Sub- Sub-Clause 14.8 [[ Delayed PaymentPayment ] and to termination under Sub-Clause 16.2 [[ Termination by ContractorContractor ]. If the Contractor subsequently receives such Payment Certificate, evidence or payment (as described in the relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate of work) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [[ Contractor’s ClaimsClaims ] to:: (a) an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4 [ Extension of Time for Completion and (b) payment of any such Cost plus profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.