Suspension of Works. 26.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Customer hereby expressly acknowledges that:
(a) MSS has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued 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 MSS by a particular date; and
(iv) MSS has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(b) if MSS suspends work, it:
(i) is not in breach of Contract; and
(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; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate 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 MSS exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to MSS under the Contract and Commercial Law Act 2017; 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 MSS suspending work under this provision;
(d) due to any act or omission by the Customer, the Customer effectively precludes MSS from continuing the Works or performing or complying with MSS’ obligations under this Contract, then without prejudice to MSS’ other rights and remedies, MSS may suspend the Works immediately after serving on the Customer a written notice specifying the payment default or the act, omission or default upon which the suspension of the Works is based. All costs and expenses incurred by MSS as a result of such suspension and recommencement shall be payable by the Customer as if they were a variation.
26.2 If pursuant to any right ...
Suspension of Works. The Contractor shall on receipt of the order in writing of the Engineer-in-charge suspend the process of the works or any part thereof for such time and in such manner, as the Engineer-in- charge may consider necessary for and of the following reasons.
i) On account of any default on part of the Contractor or
ii) For proper execution of the works or part thereof for reasons other than the default of the Contractor; or
iii) For safety of the works or part thereof.
Suspension of Works. (a) Upon recommendation of the Independent Engineer to this effect, the Concessioning Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Concessioning Authority, such work is not in accordance with the Construction Standards / Safety Standards.
(b) The Concessionaire shall, pursuant to the notice under the foregoing provision suspend the Construction Works or any part thereof for such time and in such manner as may be specified by the Concessioning Authority and thereupon represent to the Concessioning Authority / Independent Engineer, the remedial measures to remedy the defects notified. The Concessionaire may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Concessioning Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards the suspension of works or the remedial measures proposed, if cannot resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures, shall be submitted for dispute resolution in accordance with Article 19 hereof.
Suspension of Works. Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith whole or any part of Maintenance Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users or any other person on or about the Project. Provided however, that in case of an Emergency, the Authority may suo moto issue the notice referred to hereinabove. The Contractor shall, pursuant to the notice under foregoing provision suspend Maintenance Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon represent to the Authority / Independent Engineer, measures to remedy defects notified. The Contractor may by notice require the Independent Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Any dispute as regards suspension of works or remedial measures proposed, if not resolved within 30 (thirty) Days of the suspension or proposal of the remedial measures respectively, shall be submitted for dispute resolution in accordance with Article 21 hereof. Subject to the provisions of Article 6.6, all reasonable costs incurred for maintaining and protecting the Maintenance Works or part thereof during the period of suspension (the "Preservation Costs") shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Contract by the Authority, the Preservation Costs shall be borne by the Authority. If suspension of Maintenance Works is for reasons not attributable to the Contractor, the Independent Engineer shall determine any extension of the dates set forth in the project completion schedule to which the Contractor is reasonably entitled, and shall notify the Authority accordingly whereupon the Authority shall extend such project completion schedule dates in accordance with the recommendations of the Independent Engineer. In the event that the Scheduled Completion Date is extended pursuant hereto, the Contract Period shall be deemed to be extended by a period equal in length to the period of extension of the Scheduled Completion Date.
Suspension of Works. 25.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 2015, the Client hereby expressly acknowledges that:
(a) HSE has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Client, and:
(i) The payment is not paid in full by the due date for payment in accordance with clause 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Client; or
(ii) a scheduled amount stated in a payment schedule issued by the Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Client has not complied with an adjudicator’s notice that the Client must pay an amount to HSE by a particular date; and
(iv) HSE has given written notice to the Client of its intention to suspend the carrying out of construction work under the Construction Contract.
(b) if HSE suspends work, it:
(i) is not in breach of Contract; and
(ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Client or by any person claiming through the Client; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate 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 HSE exercises the right to suspend work, the exercise of that right does not:
(i) affect any rights that would otherwise have been available to HSE under the Contract and Commercial Law Act 2017; or
(ii) enable the Client to exercise any rights that may otherwise have been available to the Client under that Act as a direct consequence of HSE suspending work under this provision;
(d) due to any act or omission by the Client, the Client effectively precludes HSE from continuing the Works or performing or complying with HSE’s obligations under this Contract, then without prejudice to HSE’s other rights and remedies, HSE may suspend the Works immediately after serving on the Client a written notice specifying the payment default or the act, omission or default upon which the suspension of the Works is based. All costs and expenses incurred by HSE as a result of such suspension and recommencement shall be payable by the Client as if they were a variation.
25.2 If pursuant to any right conferred by this Contract, ...
Suspension of Works. 25.1 Where the Contract is subject to the Construction Contracts Act 2002, the Client hereby expressly acknowledges that:
(a) Xxxx Electrical has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Client, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Client; or
(ii) a scheduled amount stated in a payment schedule issued by the Client in relation to the payment claim is not paid in full by the due date for its payment; or
(iii) the Client has not complied with an adjudicator’s notice that the Client must pay an amount to Xxxx Electrical by a particular date; and
(iv) Xxxx Electrical has given written notice to the Client of its intention to suspend the carrying out of construction work under the construction Contract.
Suspension of Works. Subject to the provisions of sub-para (ii) of this clause, the CONTRACTOR shall, if ordered in writing by the ENGINEER-IN-CHARGE, or his representative, temporarily suspend the WORKS or any part thereof for such written order, proceed with the WORK therein ordered to be suspended until, he shall have received a written order to proceed therewith. The CONTRACTOR shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the WORKS aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of the WORKS as aforesaid will be granted to the ONTRACTOR should he apply for the same provided that the suspension was not consequent to any default or failure on the part of the CONTRACTOR.
Suspension of Works. 24.1 Where the Contract is subject to section 24A of the Construction Contracts Act 2002, the Customer hereby expressly acknowledges that:
(a) the Contractor has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim is served on the Customer, and:
(i) the payment is not paid in full by the due date for payment in accordance with clause 6.5 and/or any subsequent amendments or new legislation and no payment schedule has been given by the Customer; or
(ii) a scheduled amount stated in a payment schedule issued 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 Contractor by a particular date; and
(iv) the Contractor has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction Contract.
(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; and
(iii) is entitled to an extension of time to complete the Contract; and
(iv) keeps its rights under the Contract including the right to terminate 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.
Suspension of Works. 5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Engineer- in- Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to suspended until he shall have received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time.
5.e.2. In case of suspension of entire work, ordered in writing by Engineer-in-Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause for termination. The Contractor shall not be at liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials.
5.e.3. The contract shall, in case of suspension have the right to raise a dispute and have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner.
Suspension of Works. 1 i) Subject to the provisions of sub-para (ii) of this clause,