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Right to suspend work for failure to comply with adjudicator’s decision.
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7.— (1) Where any amount due pursuant to the decision of the adjudicator is not paid in full before the end of the period of 7 days beginning with that on which the decision is made, the executing party may suspend work under the construction contract by giving notice in writing under subsection (2).
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(2) Notice under this subsection shall specify the grounds on which it is intended to suspend work and shall be delivered to the other party not later than 7 days before the proposed suspension is to begin.
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(3) Work may not be suspended under subsection (1)—
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(a) after payment by the other party of the amount due, or
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(b) after the decision of the adjudicator is referred to arbitration or proceedings are otherwise initiated in relation to the decision.
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(4) Where work is suspended under subsection (1) and the ability of the executing party or a subcontractor to complete work within a contractual time limit is affected by the suspension of work, the period of suspension shall be disregarded for the purpose of computing the contractual time limit.
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(5) A period of suspension of work under subsection (1) shall also be disregarded for the purpose of computing the time taken to complete the work under another construction contract where—
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(a) the construction contract, the work under which is suspended, is a subcontract,
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(b) the other construction contract is also a subcontract and the other party to that other subcontract is the same as the other party to the subcontract the work under which is suspended, and
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(c) the ability of the executing party under that other subcontract to complete work within a contractual time limit is affected by the suspension of work.
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