Common use of SUSPENSION OF THE WORK Clause in Contracts

SUSPENSION OF THE WORK. Owners may, without cause, order Contractor to suspend the Work or extend the Project Schedule in whole or in part for such period of time as Owners may determine. Any such suspension or extension will commence as soon as reasonably possible, but no later than the second (2nd) Day after Contractor’s receipt of written notice thereof from Owners. Such suspension or extension shall continue for the period specified in Owners’ notice to Contractor. Contractor will resume any suspended Work within three (3) Days of Owners’ written notice directing the same. Without limiting Owners’ rights under Section 24.1, should a suspension of the entire Work which is ordered by Owners pursuant to this Section 24.4 (but excluding any suspension caused by a Force Majeure) continue for three hundred sixty (360) or more consecutive Days, either Party may thereafter terminate this Agreement by written notice to the other Party and the rights and remedies of Contractor will be the same as those which are expressed in Section 24.1.1 hereof in the event of termination for convenience by Owners. In the case of any suspension of the entire Work under this Section 24.4, except to the extent an acceleration of the Work is authorized by Owners (such acceleration being subject to a Contractor Change Notice as applicable), the Project Schedule will be extended by a period equal to the suspension period, and adjusted by Owners, in consultation with Contractor, to account for same. In the case of any suspension or extension of a portion of the Work under this Section 24.4, the Project Schedule shall be extended only to the extent the suspension or extension can be shown on the Project Schedule to affect the critical path. This will be based on the most current Project Schedule in effect on the Day of suspension and take into account the critical path for completing the entire Work and the non-critical path activities suspended or extended. Owners shall pay Contractor in accordance with the terms of payment set forth in this Agreement for the Work completed prior to the time of any suspension and for the direct reasonable costs that result from Contractor’s compliance with the suspension notice, including reasonable costs of demobilization, remobilization and standby costs, if applicable. Owners shall pay Contractor the direct reasonable costs associated with the restart of suspended Work under this Section 24.4 and shall resume payments to Contractor in accordance with the terms of payment under this Agreement thirty (30) Days after the restart of the Work and such amounts shall not be charged against the Target Price. It is a precondition to all claims by Contractor for extension or compensation under this Section 24.4, that the same be made within thirty (30) Days after the suspension period has ended, or said claim is barred.

SUSPENSION OF THE WORK. Owners may, without cause, order Contractor 10.1 Suspension of the Work for the Authority’s Convenience. The Authority shall have the right to defer the Commencement Date or to suspend the whole, or any part, of the Work required under the Contract Documents whenever, in the sole discretion of the Authority, it is necessary or extend expedient for the Project Schedule in whole or in part for such period Authority to do so. The Authority shall by notice to the Contractor suspend performance of time as Owners may determine. Any such suspension or extension will commence as soon as reasonably possible, but no later than the second (2nd) Day after Contractor’s Work and upon receipt of written notice thereof from Owners. Such suspension or extension such notice, unless otherwise directed in writing by the Authority, the Contractor shall continue for immediately discontinue all Work, except as necessary to properly secure the period specified in Owners’ notice to Contractor. Contractor will resume any suspended Work within three (3) Days Project. 10.1.1 In the event of Owners’ written notice directing the same. Without limiting Owners’ rights under Section 24.1, should a suspension of by the entire Work which is ordered by Owners Authority pursuant to this Section 24.4 Section, the Contractor shall be entitled to an extension of the Contract Time equivalent to the duration of the suspension, and Compensation, if any, shall be determined as follows: 10.1.1.1 If the Authority determines that the Work has been suspended for a period cumulatively totaling less than forty-five (but excluding any suspension caused by 45) Days, or if the Project was procured on a Force Majeuretime-and-materials basis, there shall be no additional compensation paid to the Contractor. 10.1.1.2 If the Authority determines that the Work has been suspended for a period cumulatively totaling forty-five (45) continue for three hundred sixty (360) Days or more consecutive Dayson a project procured on a lump-sum basis, either Party and if the Authority determines that the suspension has resulted from no fault of the Contractor, the Parties may thereafter terminate this Agreement by written notice amend the Contract Documents to provide an adjustment to the other Party Contract Price (if lump sum) in an amount deemed proper by the Authority and the rights and remedies Contractor after a review of the Contractor's submissions relating to the increased costs actually incurred by the Contractor as a direct result of the suspension. No such adjustment to the Contract Price will be change any of the same as those which are expressed in Section 24.1.1 hereof in other terms of the event of termination for convenience by OwnersContract Documents. In no case shall the Contractor be entitled to profit or overhead on the direct costs asserted. In no case shall the Contractor be entitled to damages or compensation for lost profit or lost opportunity; compensation for extended, unabsorbed or under-absorbed home office overhead or damages calculated under the Eichleay formula or under any other formula used by the Contractor to calculate damages for lost profit or lost opportunity, or extended, unabsorbed or under-absorbed home office overhead; or any other kind of consequential or indirect cost or damage as a result of any suspension. 10.1.1.3 When the Authority has determined that a suspension is the fault of the entire Work under this Section 24.4Contractor, except the Authority may, in its sole discretion, suspend all payments to the extent an acceleration Contractor. Payment may be reinstated by the Authority upon completion of any appropriate corrective action or upon completion of the Work is authorized by Owners (such acceleration being subject to a Contractor Change Notice as applicable), the Project Schedule will be extended by a period equal to the suspension period, and adjusted by Owners, in consultation with Contractor, to account for same. In the case of any suspension or extension of a portion of the Work under this Section 24.4, the Project Schedule shall be extended only to the extent the suspension or extension can be shown on the Project Schedule to affect the critical path. This will be based on the most current Project Schedule in effect on the Day of suspension and take into account the critical path for completing the entire Work and the non-critical path activities suspended or extended. Owners shall pay Contractor in accordance with the terms other provisions of payment set forth in this Agreement for the Contract Documents. Alternatively, the Authority may terminate the Contract or carry out the Work completed prior pursuant to the time of any suspension and for the direct reasonable costs that result from Contractor’s compliance with the suspension notice, including reasonable costs of demobilization, remobilization and standby costs, if applicable. Owners shall pay Contractor the direct reasonable costs associated with the restart of suspended Work under this Section 24.4 and shall resume payments to Contractor in accordance with the terms of payment under this Agreement thirty (30) Days after the restart of the Work and such amounts shall not be charged against the Target Price. It is a precondition to all claims by Contractor for extension or compensation under this Section 24.4, that the same be made within thirty (30) Days after the suspension period has ended, or said claim is barred11.0.

SUSPENSION OF THE WORK. Owners may23.1 CTDOT, in its sole discretion, reserves the right to stop or suspend all or any portion of the Work for such period as it may deem necessary or in the best interest of the State, including without causelimitation, due to the failure on the part of Contractor to carry out orders given or to perform any obligations under the Contract or to factors that are not the responsibility of Contractor. Contractor shall comply immediately with the written order Contractor of CTDOT to suspend the Work or extend the Project Schedule in whole or in part for such period of time as Owners may determine. Any such suspension or extension will commence as soon as reasonably possible, but no later than part. 23.2 In the second (2nd) Day after Contractor’s receipt of written notice thereof from Owners. Such suspension or extension shall continue for the period specified in Owners’ notice to Contractor. Contractor will resume any suspended Work within three (3) Days of Owners’ written notice directing the same. Without limiting Owners’ rights under Section 24.1, should event that CTDOT orders a suspension of the entire Work which is ordered by Owners pursuant to this Section 24.4 (but excluding any suspension caused by a Force Majeure) continue for three hundred sixty (360) or more consecutive Daysin part, either Party may thereafter terminate this Agreement by written notice to the other Party and the rights and remedies of Contractor will be the same as those which are expressed in Section 24.1.1 hereof in the event of termination for convenience by Owners. In the case of any suspension of the entire Work under this Section 24.4shall, except to the extent an acceleration reasonably practicable under the circumstances, safeguard the existing non- suspended Work. 23.3 If the suspension of the Work is authorized by Owners (such acceleration being subject substantially due to a Contractor Change Notice as applicable)Contractor’s failure to perform Work to CTDOT’s satisfaction or fulfill its responsibilities under this Contract to CTDOT’s satisfaction, or other action or omission on the Project Schedule will be extended by a period equal part of Contractor, all costs related to the suspension periodshall be borne by Contractor. Contractor shall not be entitled to additional compensation as a result of the suspension for any Change Order as a result of the suspension. 23.4 If the suspension of Work is due to factors that are not the responsibility of Contractor or its subcontractors, and adjusted by Owners, in consultation with Contractor, to account for same. In the case suspension of all or any suspension or extension of a portion of the Work may entitle Contractor to compensation and/or schedule extensions pursuant to Section 23.7 of this Contract. 23.5 It is expressly understood and agreed that XXXXX’s ordering of a suspension of Work 23.6 In the event of a suspension of the Work Contractor shall not be relieved of responsibilities under this Section 24.4Contract, except the Project Schedule obligations to perform the Work which CTDOT has specifically directed Contractor to suspend under this Article 23. 23.7 Contractor shall be extended only resume suspended Work pursuant to the extent the suspension or extension can be shown on the Project Schedule to affect the critical path. This will be based on the most current Project Schedule in effect on the Day of suspension and take into account the critical path for completing the entire Work written direction from CTDOT and the non-critical path activities suspended requirements and the timeframe or extended. Owners shall pay Contractor in accordance with the terms of payment schedule set forth in this Agreement for the Work completed prior to the time such written direction. Within seven (7) calendar days of any suspension and for the direct reasonable costs that result from Contractor’s compliance with the suspension notice, including reasonable costs of demobilization, remobilization and standby costs, if applicable. Owners shall pay Contractor the direct reasonable costs associated with the restart of suspended Work under this Section 24.4 and shall resume payments to Contractor in accordance with the terms of payment under this Agreement thirty (30) Days after the restart receipt of the Work written direction to resume Work, Contractor may submit to CTDOT in writing a request for adjustment for additional time, and/or additional compensation, to complete the Work. The request shall set forth the reasons and such amounts shall not be charged against the Target Pricesupport for any adjustment. It is a precondition to all claims by CTDOT will notify Contractor for extension or compensation under this Section 24.4, that the same be made within thirty (30) Days calendar days whether Contractor’s request for additional time or compensation is or is not approved or if additional information is needed for CTDOT to complete its review of the request. 23.8 Contractor xxxxxx agrees that he shall have no claim for damages of any kind on account of any delay in commencement of the work or any delay or suspension of any portion thereof, except as hereinafter provided. (a) If the Engineer in his judgment shall determine that the performance of all or any major portion of the work is suspended, delayed, or interrupted for any unreasonable period of time, any act of CTDOT in the administration of the Contract or by CTDOT’s failure to act as required by the Contract within the time specified in the Contract (or if no time is specified, within a reasonable time), and without the fault or negligence of Contractor, an adjustment shall be made by CTDOT for any increase in the actual cost of performance of the Contract (excluding profit and overhead) necessarily caused by the period of such suspension, delay, or interruption. (b) Adjustment shall be made also in the delivery or performance dates or any other contractual provision affected by such delay or interruption. (c) No adjustment shall be made if the performance by Contractor would have been prevented by other causes even if the work had not been suspended, delayed or interrupted by CTDOT or its representative. (d) No adjustment shall be made, under this Section, for which an adjustment is provided or excluded under any other Section of this Contract. 23.9 No claim shall be allowed under this Subsection for CTDOT’s failure to act as required by the Contract within the time specified in the Contract (or if no time is specified, within a reasonable time) for any cost incurred more than twenty (20) days before Contractor shall have notified CTDOT in writing of his claim due to CTDOT’s failure to act. 23.10 No claim under this Subsection shall be allowed unless the claim, in an amount stated, including breakdown of how the amount was computed, is asserted in writing as soon as practical after the termination of such delay or interruption, but not later than the date of the final payment under the Contract. (a) Any dispute concerning whether the delay or suspension period has endedis unreasonable or any other question of fact arising under this paragraph shall be determined by CTDOT or its designee and such determination and decision, in case any question should arise, shall be a condition precedent to the right of Contractor to receive any money hereunder." (b) Contractor further agrees that the sole allowance for any such delay or said claim suspension, other than as provided above, is barredan extension of time as provided in Article 7.

SUSPENSION OF THE WORK. Owners may‌ a. If Contractor does not receive payment of any undisputed invoices submitted in accordance with Section 4.2, without causeContractor shall have the right, order Contractor upon not less than fifteen (15) days written notice, to suspend the Work or extend under this Agreement. Contractor shall be entitled to compensation for all undisputed amounts under this Agreement. If District issues full payment of the Project Schedule in whole or in part for such period of time as Owners may determine. Any such suspension or extension will commence as soon as reasonably possible, but no later than the second undisputed invoice within fifteen (2nd15) Day after Contractor’s receipt days of written notice thereof from Owners. Such suspension of intention to suspend, the notice of intention to suspend shall have no further force or extension effect and Contractor shall continue for to perform the period specified in Owners’ services hereunder as if the notice of intention to Contractorsuspend had not been given. Contractor will resume any suspended Work within three (3) Days of Owners’ written notice directing the same. Without limiting Owners’ rights under Section 24.1, should a suspension of the entire Work which is ordered by Owners pursuant to this Section 24.4 (but excluding any suspension caused by a Force Majeure) continue for three hundred sixty (360) or more consecutive Days, either Party may thereafter terminate this Agreement by written notice to the other Party and the rights and remedies of Contractor will be the same as those which are expressed in Section 24.1.1 hereof in In the event of termination for convenience by Owners. In the case of any suspension such suspension, Contractor shall be entitled to request (i) an extension of the entire Work under deadlines of this Section 24.4, except to Agreement for the extent an acceleration same period of the Work is authorized suspension, and (ii) the reimbursement of the additional costs and expenses, if any, reasonably incurred and substantiated by Owners Contractor (provided Contractor undertakes reasonable efforts to mitigate such acceleration being subject to a Contractor Change Notice as applicable)costs and expenses) in protecting, securing or insuring the Work, the Project Schedule will be extended by a period equal to the suspension perioddelay resulting from such suspension, and adjusted by Owners, in consultation with Contractor, to account for sameresumption of the Work. In the case of any If a suspension or extension of a portion of the Work under this Section 24.43.10(a) continues for more than two (2) months, the Project Schedule Contractor shall be extended only entitled to, at its sole discretion, terminate this Agreement. b. District may suspend the Work temporarily at its discretion. In the event of any such suspension, Contractor shall be entitled to request (i) an extension of the extent the suspension or extension can be shown on the Project Schedule to affect the critical path. This will be based on the most current Project Schedule in effect on the Day deadlines of suspension and take into account the critical path for completing the entire Work and the non-critical path activities suspended or extended. Owners shall pay Contractor in accordance with the terms of payment set forth in this Agreement for the Work completed prior to same period of the time suspension, and (ii) the reimbursement of any suspension the additional costs and for the direct reasonable costs that result from Contractor’s compliance with the suspension notice, including reasonable costs of demobilization, remobilization and standby costsexpenses, if applicableany, reasonably incurred and substantiated by Contractor (provided Contractor undertakes reasonable efforts to mitigate such costs and expenses) in protecting, securing or insuring the Work, the delay resulting from such suspension, and in resumption of the Work. Owners shall pay Contractor If a suspension of the direct reasonable costs associated with the restart of suspended Work under this Section 24.4 and 3.10(b) continues for more than six (6) months, Contractor shall resume payments be entitled, at its sole discretion, to Contractor in accordance with terminate this Agreement. c. After the terms of payment under this Agreement thirty (30) Days after the restart resumption of the performance of the Work, Contractor shall, after due notice to District, examine the Work and such amounts affected by the suspension. Contractor shall not be charged against make good any defect, deterioration or loss of the Target Priceconstruction or the Work affected that may have occurred during the suspension period. It is a precondition to all claims Costs properly incurred by Contractor for extension or compensation under this Section 24.4(including but not limited to demobilization and mobilization costs, that insurance fees, and repair cost) shall be added to the same be made within thirty (30) Days after Work Order Price, so long as the suspension period has endeddid not arise due to any sole act, omission, or said claim is barreddefault on the part of Contractor.

SUSPENSION OF THE WORK. Owners may23.1 CTDOT, in its sole discretion, reserves the right to stop or suspend all or any portion of the Work for such period as it may deem necessary or in the best interest of the State, including without causelimitation, due to the failure on the part of Contractor to carry out orders given or to perform any obligations under the Contract or to factors that are not the responsibility of Contractor. Contractor shall comply immediately with the written order Contractor of CTDOT to suspend the Work or extend the Project Schedule in whole or in part for such period of time as Owners may determine. Any such suspension or extension will commence as soon as reasonably possible, but no later than part. 23.2 In the second (2nd) Day after Contractor’s receipt of written notice thereof from Owners. Such suspension or extension shall continue for the period specified in Owners’ notice to Contractor. Contractor will resume any suspended Work within three (3) Days of Owners’ written notice directing the same. Without limiting Owners’ rights under Section 24.1, should event that CTDOT orders a suspension of the entire Work which is ordered by Owners pursuant to this Section 24.4 (but excluding any suspension caused by a Force Majeure) continue for three hundred sixty (360) or more consecutive Daysin part, either Party may thereafter terminate this Agreement by written notice to the other Party and the rights and remedies of Contractor will be the same as those which are expressed in Section 24.1.1 hereof in the event of termination for convenience by Owners. In the case of any suspension of the entire Work under this Section 24.4shall, except to the extent an acceleration reasonably practicable under the circumstances, safeguard the existing non‐ suspended Work. 23.3 If the suspension of the Work is authorized by Owners (such acceleration being subject substantially due to a Contractor Change Notice as applicable)Contractor’s failure to perform Work to CTDOT’s satisfaction or fulfill its responsibilities under this Contract to CTDOT’s satisfaction, or other action or omission on the Project Schedule will be extended by a period equal part of Contractor, all costs related to the suspension periodshall be borne by Contractor. Contractor shall not be entitled to additional compensation as a result of the suspension for any Change Order as a result of the suspension. 23.4 If the suspension of Work is due to factors that are not the responsibility of Contractor or its subcontractors, and adjusted by Owners, in consultation with Contractor, to account for same. In the case suspension of all or any suspension or extension of a portion of the Work may entitle Contractor to compensation and/or schedule extensions pursuant to Section 23.7 of this Contract. 23.5 It is expressly understood and agreed that CTDOT’s ordering of a suspension of Work under this Section 24.4Article 23 shall not prejudice CTDOT’s rights to seek any remedies under the Contract or at law or in equity and obtain full reimbursement from Contractor of all damages caused by Contractor. 23.6 In the event of a suspension of the Work Contractor shall not be relieved of responsibilities under this Contract, except the Project Schedule obligations to perform the Work which CTDOT has specifically directed Contractor to suspend under this Article 23. 23.7 Contractor shall be extended only resume suspended Work pursuant to the extent the suspension or extension can be shown on the Project Schedule to affect the critical path. This will be based on the most current Project Schedule in effect on the Day of suspension and take into account the critical path for completing the entire Work written direction from CTDOT and the non-critical path activities suspended requirements and the timeframe or extended. Owners shall pay Contractor in accordance with the terms of payment schedule set forth in this Agreement for the Work completed prior to the time such written direction. Within seven (7) calendar days of any suspension and for the direct reasonable costs that result from Contractor’s compliance with the suspension notice, including reasonable costs of demobilization, remobilization and standby costs, if applicable. Owners shall pay Contractor the direct reasonable costs associated with the restart of suspended Work under this Section 24.4 and shall resume payments to Contractor in accordance with the terms of payment under this Agreement thirty (30) Days after the restart receipt of the Work written direction to resume Work, Contractor may submit to CTDOT in writing a request for adjustment for additional time, and/or additional compensation, to complete the Work. The request shall set forth the reasons and such amounts shall not be charged against the Target Pricesupport for any adjustment. It is a precondition to all claims by CTDOT will notify Contractor for extension or compensation under this Section 24.4, that the same be made within thirty (30) Days calendar days whether Contractor’s request for additional time or compensation is or is not approved or if additional information is needed for CTDOT to complete its review of the request. 23.8 Contractor xxxxxx agrees that he shall have no claim for damages of any kind on account of any delay in commencement of the work or any delay or suspension of any portion thereof, except as hereinafter provided. (a) If the Engineer in his judgment shall determine that the performance of all or any major portion of the work is suspended, delayed, or interrupted for any unreasonable period of time, any act of CTDOT in the administration of the Contract or by CTDOT’s failure to act as required by the Contract within the time specified in the Contract (or if no time is specified, within a reasonable time), and without the fault or negligence of Contractor, an adjustment shall be made by CTDOT for any increase in the actual cost of performance of the Contract (excluding profit and overhead) necessarily caused by the period of such suspension, delay, or interruption. (b) Adjustment shall be made also in the delivery or performance dates or any other contractual provision affected by such delay or interruption. (c) No adjustment shall be made if the performance by Contractor would have been prevented by other causes even if the work had not been suspended, delayed or interrupted by CTDOT or its representative. (d) No adjustment shall be made, under this Section, for which an adjustment is provided or excluded under any other Section of this Contract. 23.9 No claim shall be allowed under this Subsection for CTDOT’s failure to act as required by the Contract within the time specified in the Contract (or if no time is specified, within a reasonable time) for any cost incurred more than twenty (20) days before Contractor shall have notified CTDOT in writing of his claim due to CTDOT’s failure to act. 23.10 No claim under this Subsection shall be allowed unless the claim, in an amount stated, including breakdown of how the amount was computed, is asserted in writing as soon as practical after the termination of such delay or interruption, but not later than the date of the final payment under the Contract. (a) Any dispute concerning whether the delay or suspension period has endedis unreasonable or any other question of fact arising under this paragraph shall be determined by CTDOT or its designee and such determination and decision, in case any question should arise, shall be a condition precedent to the right of Contractor to receive any money hereunder." (b) Contractor further agrees that the sole allowance for any such delay or said claim suspension, other than as provided above, is barredan extension of time as provided in Article 7.