Common use of Suspension of Works Clause in Contracts

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.

Appears in 1 contract

Samples: Contract

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Suspension of Works. 24.1 22.1 Where the Contract is subject to section 24A of the Construction Contracts Amendment Act 20022015, the Customer Client 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 CustomerClient, 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 CustomerClient; or (ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to the Contractor by a particular date; and (iv) the Contractor has given written notice to the Customer Client 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 Client or by any person claiming through the CustomerClient; 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.

Appears in 1 contract

Samples: Contract

Suspension of Works. 24.1 Where the Contract is subject to section 24A of the Construction Contracts Act 2002Xxx 0000, 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.

Appears in 1 contract

Samples: Contract

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Suspension of Works. 24.1 Where the Contract is subject to section 24A of the Construction Contracts Act 2002, the Customer Client 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 CustomerClient, 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 CustomerClient; or (ii) a scheduled amount stated in a payment schedule issued by the Customer Client in relation to the payment claim is not paid in full by the due date for its payment; or (iii) the Customer Client has not complied with an adjudicator’s notice that the Customer Client must pay an amount to the Contractor by a particular date; and (iv) the Contractor has given written notice to the Customer Client of its intention to suspend the carrying out of construction work under the construction Contractcontract. (ii) is not liable for any loss or damage whatsoever suffered, or alleged to be suffered, by the Customer Client or by any person claiming through the CustomerClient; 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.

Appears in 1 contract

Samples: Contract

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