Common use of Suspension of Works by Contractor Clause in Contracts

Suspension of Works by Contractor. If the Authority fails make any undisputed payments due to the Contractor within the period stipulated for such payment under this Contract, the Contractor may after giving not less than [60 (sixty)] days' notice to the Authority, suspend performance of its Scope of Project or reduce the rate of execution of its Scope of Project unless and until the Contractor has received such payment. If the Contractor subsequently receives such payment before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffer delay and/or incur costs as a result of suspending Works, the Contractor shall give a notice to the Authority for such delay or costs as Contractor’s Claims. After receiving the notice the Authority shall proceed to agree or determine any matter, the Authority shall consult the Contractor in an endeavour to reach an agreement. If the agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. The Authority shall give notice to the Contractor of each agreement or determination, each party shall give effect to each agreement or determination unless the Contractor give notice to the Authority of its dissatisfaction within [14 (fourteen)] days. Then the Parties may proceed to refer the dispute to dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract.

Appears in 3 contracts

Samples: Construction and Maintenance Contract, Construction and Maintenance Contract, Construction and Maintenance Contract

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Suspension of Works by Contractor. If the Authority fails make any undisputed payments due to the Contractor within the period stipulated for such payment under this Contract, the Contractor may after giving not less than [60 (sixty)] ) days' notice to the Authority, suspend performance of its Scope of Project or reduce the rate of execution of its Scope of Project unless and until the Contractor has received such payment. If the Contractor subsequently receives such payment before giving a notice of termination, the Contractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffer delay and/or incur costs as a result of suspending Works, the Contractor shall give a notice to the Authority for such delay or costs as Contractor’s Claims. After receiving the notice the Authority shall proceed to agree or determine any matter, the Authority shall consult the Contractor in an endeavour to reach an agreement. If the agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. The Authority shall give notice to the Contractor of each agreement or determination, each party shall give effect to each agreement or determination unless the Contractor give notice to the Authority of its dissatisfaction within [14 (fourteen)] ) days. Then the Parties may proceed to refer the dispute to dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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Suspension of Works by Contractor. If the Authority fails to make any undisputed payments due to the Contractor within the period stipulated for such payment under this ContractContract for reasons other than those attributable to the Contractor’s default or any Force Majeure event, the Contractor may after giving not less than [60 (sixty)] ) days' notice to the Authority, suspend performance of its Scope of Project or reduce the rate of execution of its Scope of Project unless and until the Contractor has received such payment. If the Contractor subsequently receives such payment before giving a notice of termination, the Contractor theContractor shall resume normal working as soon as is reasonably practicable. If the Contractor suffer delay and/or incur costs as a result of suspending Works, the Contractor shall give a notice to the Authority for such delay or costs as Contractor’s Claims. After receiving the notice notice, the Authority shall proceed to agree or determine any matter, the Authority shall consult the Contractor in an endeavour endeavor to reach an agreement. If the agreement is not achieved, the Authority shall make a fair determination in accordance with this Contract, taking due regard of all relevant circumstances. The Authority shall give notice to the Contractor of each agreement or determination, each party shall give effect to each agreement or determination unless the Contractor give notice to the Authority of its dissatisfaction within [14 (fourteen)] days. Then the Parties may proceed to refer the dispute to dispute- to-dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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