Managing Contractor Contract Disputes. If: the Subcontractor gives a notice under clause 15.1; the dispute or difference relates, in whole or in part, to either: an alleged breach of the Subcontract by the Contractor, which, assuming the breach has actually occurred, has been caused, or contributed to, by an act or omission (including breach of the Managing Contractor Contract) of the Commonwealth; or a direction given by the Contractor's Representative relating to a particular subject matter, in circumstances where a direction has been given by the MCC Contract Administrator to the Contractor relating, in whole or in part, to that subject matter, or otherwise relates, in whole or in part, to any other fact, matter or circumstance arising out of or in connection with the Managing Contractor Contract; and the Contractor is not barred from making, or has not waived its entitlement to make, a claim against the Commonwealth in respect of the act, omission or direction, the Contractor may within 7 days of receipt of the notice give a notice to the Subcontractor stating that clause 15.17 applies in relation to the dispute or difference.
Appears in 5 contracts
Samples: Medium Works Subcontract, Medium Works Subcontract, Medium Works Subcontract
Managing Contractor Contract Disputes. If: the Subcontractor gives a notice under clause 15.1; the dispute or difference relates, in whole or in part, to either: an alleged breach of the Subcontract by the Contractor, which, assuming the breach has actually occurred, has been caused, or contributed to, by an act or omission (including breach of the Managing Contractor Contract) of the Commonwealth; or a direction given by the Contractor's ’s Representative relating to a particular subject matter, in circumstances where a direction has been given by the MCC Contract Administrator to the Contractor relating, in whole or in part, to that subject matter, or otherwise relates, in whole or in part, to any other fact, matter or circumstance arising out of or in connection with the Managing Contractor Contract; and the Contractor is not barred from making, or has not waived its entitlement to make, a claim Claim against the Commonwealth in respect of the act, omission or direction, the Contractor may within 7 days of receipt of the notice give a notice to the Subcontractor stating that clause 15.17 applies in relation to the dispute or difference.
Appears in 4 contracts
Samples: Major Works Subcontract, Major Works Subcontract, Major Works Subcontract
Managing Contractor Contract Disputes. If: the Subcontractor gives a notice under clause 15.1; the dispute or difference relates, in whole or in part, to either: an alleged breach of the Subcontract by the Contractor, which, assuming the breach has actually occurred, has been caused, or contributed to, by an act or omission (including breach of the Managing Contractor Contract) of the Commonwealth; or a direction given by the Contractor's Representative relating to a particular subject matter, in circumstances where a direction has been given by the MCC Contract Administrator to the Contractor relating, in whole or in part, to that subject matter, or otherwise relates, in whole or in part, to any other fact, matter or circumstance arising out of or in connection with the Managing Contractor Contract; and the Contractor is not barred from making, or has not waived its entitlement to make, a claim Claim against the Commonwealth in respect of the act, omission or direction, the Contractor may within 7 days of receipt of the notice give a notice to the Subcontractor stating that clause 15.17 applies in relation to the dispute or difference.
Appears in 1 contract
Samples: Major Works Subcontract