In the event of a dispute between the owner and the contractor at the time of termination, the suspension may take place. In addition, some contracts contain provisions that terminate the contract if the suspension exceeds a certain period of time. There is a very close connection between suspension and termination and, depending on the wording of the clause, the final result of a suspension clause may be equivalent to the result of a termination clause insofar as each party has the right to terminate the contract at the end of the agreed suspension period. This does not mean, however, that the parties are not open to seeking a trade compromise. Finally, after the pandemic, it is likely that both sides would likely wish to resume their trade relations. When the parties decide to negotiate a temporary suspension of the contract in the absence of a force majeure clause, they should conduct negotiations on a so-called ”unprejudiced” basis (i.e. on the list) in order to preserve their position and not harm themselves. In the event of a long suspension, a compensation scheme may be introduced for the contractor. This allows the contractor to demobilize the site and remobilize it at a later date. This helps the project owner not to pay permanently for work and equipment that is not in use. In the case of complex construction projects, suspension and shutdown are often complicated and costly to resolve. This may result in litigation or other forms of dispute resolution. It is necessary to carefully consider the relevant contractual clauses.
If the result is not clear, it may be wise to try to negotiate and obtain the suspension agreement, and then stumble the agreement with the contractor by briefly modifying the relevant data and the commercial impact of these changes. It is important to distinguish between the suspension of a contract (the temporary termination of the performance of the contract) and the suspension of a supplier, contractor or service provider. The former may be invoked by both contracting parties for certain reasons, such as force majeure.B. It is a decision of the purchaser to suspend the other party from participating in the tendering procedure (debarment) or signing a contract for a fixed period following a breach of contract or other violations under the public procurement rules. Contracts should contain a provision under which one of the parties suspends or terminates the contract under certain conditions. The reasons for the suspension or termination of a contract are normally defined in the terms and conditions of the contract. In the event of a suspension of the contract, any party may suspend a contract for certain reasons set out in the terms and conditions of an agreement. Some agreements – for example. B work contracts – require timely implementation, and if not, the parties should have some recourse. They don`t want to wait indefinitely for performance. A well-written contract can help you avoid many problems, so the advice of a professional before signing one is often beneficial. However, an amendment can be easily agreed upon by the contractor to result in a suspension, since the exemptions generally result in an additional cost for the implementation of the amendment and the right to claim an EOT and other late costs.
However, if the adjudicating entity wishes to avoid any unknown effects (and the resulting claims) of a change (e.g. B a future application for EOT fees and the licensee`s delay), the parties should attempt to negotiate and agree on the amendment and establish a statement of the parties` intent on their commitments and claims as a result of the amendment. For example, if the intention is for the contractor to accept a lump sum for stand-down costs in exchange for revised access and completion dates, this should be reduced to the letter and to the clearly communicated agreement between the parties.