CONSTRUCTION CONTRACTS ACT 2002. The Customer hereby expressly acknowledges that:
a. The Company 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 and no payment schedule has been given by the Customer; or
(ii) a schedules 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 Company by a particular date; and
(iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract.
b. If the Company 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 have 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 it’s right 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 the Company exercises the right to suspend work, the exercise of that right does not
(i) affect any rights that would otherwise have been available to the Company under the Contractual Remedies Xxx 0000 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 the Company suspending work under this provision.
CONSTRUCTION CONTRACTS ACT 2002 a) The Customer hereby expressly acknowledges that:
a. The Company 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 and no payment schedule has been given by the Customer; or
ii. a schedules 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 Company by a particular date; and
iv. The Company has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract.
b. If the Company suspends work, it i. is not in breach of contract; and
CONSTRUCTION CONTRACTS ACT 2002. 6.1 The Company shall be entitled to exercise all or any powers available to the Company under the Construction Contracts Act 2002 including suspension of work, adjudication and seeking charging orders.
6.2 The Customer acknowledges that:
(a) The Company has the right to suspend work within five (5) working days of the date of any written notice of its intent to do so:
(i) A Claimed Amount in a Payment Claim is not paid in full by the due date for payment and no Payment Schedule has been provided by the Customer; or
(ii) A Scheduled Amount provided in a Payment Schedule provided 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 Company by a particular date; and
(iv) The Company has given written notice to the Customer of its intention to suspend the carrying out of the Works.
(b) If the Company suspends work, it:
(i) Is not in breach of this agreement;
(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;
(iii) Is entitled to an extension of time to complete the Works and to recover any costs incurred as a consequence of the extension of time;
(iv) Keeps its rights under this agreement including the right to terminate this agreement;
(v) 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 the Company exercises the right to suspend work, the exercise of that right does not:
(i) Affect any rights that would otherwise have been available to the Company under the Contractual Remedies Act 1979; 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 the Company suspending work under this provision.
6.3 In this clause 6 where used the following terms shall have the meanings ascribed to them in the Construction Contracts Act 2002; “Claimed Amount”, “Payment Claim”, “Payment Schedule” and “Scheduled Amount”.
CONSTRUCTION CONTRACTS ACT 2002. 23.1 The parties agree that for the purposes of the Construction Contracts Act 2002 where the Vendor is a commercial provider this contract is not a commercial construction contract or a construction contract whether for work on a commercial or residential property and liability under this contract shall be in no way limited by any contract that the Purchaser may have entered into with a third party in relation to the supply of Goods and/or Services to that third party or the payment by the third party to the Purchaser of any monies whether by progress payments or otherwise.
CONSTRUCTION CONTRACTS ACT 2002. 21.1. If you are a “residential occupier” (as defined in Part 1, section 5 of the Construction Contracts Act 2002 (CCA)), then you agree that we shall have the right to suspend any Hire of Equipment by providing five (5) days written notice, should a payment claim be served on you and payment is defaulted, in accordance with section 24A in Part 2, subpart 4 of the CCA.
21.2. We retain the right to suspend the Hire of Equipment with notice if there is no clear payment schedule supplied by you to us, detailing when payment will be cleared and received.
21.3. Should we suspend the Hire of Equipment it shall not be considered a breach of this Agreement and we are not liable for any loss or damage suffered by you.
00.0. Xx the event the Hire of Equipment is suspended you agree that: (a)we retain the right to cancel this Agreement whilst the Hire of Equipment is suspended and all other rights available to us in this Agreement shall remain in full force and effect; and
CONSTRUCTION CONTRACTS ACT 2002. (a) For supply of goods and/or services that comprise construction work under the Construction Contracts Act 2002, any payment to be made by the customer is to be made as payer under that Act, as specified in clause 2(e).
(b) Any payment schedule issued by a customer must be issued by the date in which any payment falls due in respect of the relevan t supply.
CONSTRUCTION CONTRACTS ACT 2002. 14.1 The Builder shall be entitled to exercise any powers available to the Builder under the Construction Contracts Act 2002, including suspending the Works, seeking adjudication or obtaining charging orders.
CONSTRUCTION CONTRACTS ACT 2002. 17.1 The Agreement is a “construction contract” under the Construction Contracts Act 2002 unless section 11 of the Act applies. Nothing in the Agreement will be construed as negating the rights, obligations and requirements of that Act. Accordingly, the dispute resolution procedures in the Agreement will be in addition to (and not in substitution for) those provided in the Act but specific provisions in the Agreement will prevail over default provisions in the Act where the Act so allows.
CONSTRUCTION CONTRACTS ACT 2002. 29.1. If you are a ‘residential occupier’ (as defined in Part 1, section 5 of the CCA), then you agree that we shall have the right to suspend any Services by providing five (5) days written notice, should a payment claim be served on you and an Event of Default occurs, in accordance with section 24A in Part 2, subpart 4 of the CCA.
29.2. Should we suspend the Services, it shall not be considered a breach of this Agreement, and we are not liable for any losses or expenses you incur due to the suspension of Services under clause 29.1.
00.0. Xx the event the Services are suspended, we shall be entitled to an extension of time to complete any Services that remain incomplete under this Agreement, and you agree that:
(a) we retain the right to cancel this Agreement whilst the Services are suspended and all other rights available to us in this Agreement shall remain in full force and effect; and
(b) we may exercise any rights for payments or adjudication of disputes under Part 2 and Part 3 of the CCA.
CONSTRUCTION CONTRACTS ACT 2002. 4.1 The parties acknowledge and agree that this Agreement is subject to the provisions of the Construction Contracts Act 2002 (“the Act”).
4.2 You must serve any payment schedule in response to a payment claim served by Us within fifteen (15) Working Days of receipt of the payment claim. “Working Days” has the meaning ascribed to it in the Act.
4.3 The provisions of this Agreement are without prejudice to any remedies the parties may have under the Act.
