Clause 34-35 - Instruction to stop or restart

Clause 34-35

(Clause34.1)

• Instruction will probably delay works so there is an obligation for Project Manager to give an early warning under (Clause 16.1)of NEC3

• Financial implications such as an instruction are dealt with as a compensation event (clause 60.1(4))

• Prolonged stoppages (over 13 wks) are grounds for termination (Clause 91.6)

The contractor is not given the general right under NEC 3 to suspend or stop work in the event of late payment, although if the if the housing grant, construction and Regeneration Act 1996 applies there is a statutory right to suspend. This is recognized in secondary option Y (UK) 2 at clause Y2.4.The contractor may terminate the contract if a certificate amount is not paid within 13 weeks

The Take Over

• 35.1: Take over and completion

• 35.2: use/take over of parts of the works before completion

• 35.3: certification of takeover(Clause 35.1)

• Employer need not take over works before completion date if stated in contract he is unwilling to do so

• Takeover not later than 2 weeks after completion(Clause 35.2)

Permits employer to sue any parts of the works before completion certified, Such use is accompanies by takeover except:

• If the use is for a reason stated in the works information

• Use is to suit contractors method of working

(Clause 35.3)

• Requires the project manager to certify the date which the employer takes over any part of the works within 1 week of take over

• Certificate to show extent of the part of the works taken over

• No specific remedy in the contract if project manager fails to certify in accordance with 35.3

• But Clause 60.1(8) Employers breach could be applicable