Common use of Suspension of Works by the Authority Clause in Contracts

Suspension of Works by the Authority. The Authority may at any time, instruct either or both the Contractor to suspend progress of part or all of the Works for any reason other than reasons attributable to the Contractor. During such suspension, the Contractor shall protect, store and secure such part or the Project against any deterioration, loss or damage. If the Contractor suffers delay and/or incur costs from complying with the Authority's instructions of suspension, it may give a notice to the Authority in this regard as Contractor’s Claim. 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, with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor give notice, to the Authority, of its dissatisfaction with a determination within 14 (fourteen) days of receiving it. Either Party may then refer the dispute to dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract. If the suspension of any part of the Works by the Authority continues for more than [21 (twenty one)] days, the Contractor may request the Authority's permission to proceed for execution in such Works. However, if the Authority does not give permission within [15 (fifteen)] days after being requested to do so, the Contractor may, by giving a notice to the Authority, treat the suspension as a Variation in scope by the Authority treating such Works as being omitted from the scope of Works. If the suspension affects the whole of the Works or its entire Scope of Project, the Contractor may give a notice of termination of this Contract in accordance Clause 16.4.2.

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 the Authority. The Authority may at any time, instruct either or both the Contractor to suspend progress of part or all of the Works for any reason other than reasons attributable to the Contractor. During such suspension, the Contractor shall protect, store and secure such part or the Project against any deterioration, loss or damage. If the Contractor suffers delay and/or incur costs from complying with the Authority's instructions of suspension, it may give a notice to the Authority in this regard as Contractor’s Claim. After receiving the notice 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, with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor give notice, to the Authority, of its dissatisfaction with a determination within 14 (fourteen) days of receiving it. Either Party may then refer the dispute to dispute-to-dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract. If the suspension of any part of the Works by the Authority continues for more than [21 (twenty twenty-one)] days, the Contractor may request the Authority's permission to proceed for execution in such Works. However, if the Authority does not give permission within [15 (fifteen)] days after being requested to do so, the Contractor may, by giving a notice to the Authority, treat the suspension as a Variation in scope by the Authority treating such Works as being omitted from the scope of Works. If the suspension affects the whole of the Works or its entire Scope of ProjectProject of the Contractor for a period of more than 180 (one hundred and eighty) days, the Contractor may give a notice of termination of this Contract in accordance with Clause 16.4.216.3.2.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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Suspension of Works by the Authority. The Authority may at any time, instruct either or both the Contractor to suspend progress of part or all of the Works for any reason other than reasons attributable to the Contractor. During such suspension, the Contractor shall protect, store and secure such part or the Project against any deterioration, loss or damage. If the Contractor suffers delay and/or incur costs from complying with the Authority's instructions of suspension, it may give a notice to the Authority in this regard as Contractor’s Claim. 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, with supporting particulars. Each Party shall give effect to each agreement or determination, unless the Contractor give notice, to the Authority, of its dissatisfaction with a determination within 14 (fourteen) days of receiving it. Either Party may then refer the dispute to dispute resolution in accordance with Article 18 (Claims, Dispute Resolution and Governing Law) of this Contract. If the suspension of any part of the Works by the Authority continues for more than [21 (twenty one)] ) days, the Contractor may request the Authority's permission to proceed for execution in such Works. However, if the Authority does not give permission within [15 (fifteen)] ) days after being requested to do so, the Contractor may, by giving a notice to the Authority, treat the suspension as a Variation in scope by the Authority treating such Works as being omitted from the scope of Works. If the suspension affects the whole of the Works or its entire Scope of Project, the Contractor may give a notice of termination of this Contract in accordance Clause 16.4.216.3.2.

Appears in 1 contract

Samples: Construction and Maintenance Contract

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