sec.67OSuspension of works

### sec.67O Suspension of works This section applies if— the contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or all of the following apply— an amount is required to be paid to the contracted party for a building contract by a particular time; the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; the requirement to pay the amount is not in dispute between the contracting party and the contracted party. The contracted party may give the contracting party a written notice stating— details of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and that the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice. The time stated in the written notice must be not less than 7 days after the written notice is given. If the order is not complied with, or the amount is not paid, within the time stated in the written notice, the contracted party may— give the contracting party a further written notice that the contracted party is suspending the building work immediately; and suspend the building work immediately the further written notice is given. If the contracted party suspends building work under subsection (4) , the contracted party— is not in breach of the building contract; and keeps the contracted party’s rights under the contract, including any right to terminate the contract; and may at any time lift the suspension, even if the order has not been complied with or the amount has not been paid. Subsection (7) applies if— the order is complied with, or the amount is paid; and the suspension is still in force; and the contracting party gives written notice to the contracted party— advising the order has been complied with or the amount has been paid; and requiring the contracted party to recommence the building work under the contract. The building contract is subject to a condition that the contracted party must recommence carrying out building work under the contract within 7 days after the contracted party receives the written notice mentioned in subsection (6) (c) , or at a later time agreed to between the contracting party and the contracted party. s 67O ins 1999 No. 43 s 29 (sec.67O-ssec.1) This section applies if— the contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or all of the following apply— an amount is required to be paid to the contracted party for a building contract by a particular time; the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; the requirement to pay the amount is not in dispute between the contracting party and the contracted party. (sec.67O-ssec.2) The contracted party may give the contracting party a written notice stating— details of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and that the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice. (sec.67O-ssec.3) The time stated in the written notice must be not less than 7 days after the written notice is given. (sec.67O-ssec.4) If the order is not complied with, or the amount is not paid, within the time stated in the written notice, the contracted party may— give the contracting party a further written notice that the contracted party is suspending the building work immediately; and suspend the building work immediately the further written notice is given. (sec.67O-ssec.5) If the contracted party suspends building work under subsection (4) , the contracted party— is not in breach of the building contract; and keeps the contracted party’s rights under the contract, including any right to terminate the contract; and may at any time lift the suspension, even if the order has not been complied with or the amount has not been paid. (sec.67O-ssec.6) Subsection (7) applies if— the order is complied with, or the amount is paid; and the suspension is still in force; and the contracting party gives written notice to the contracted party— advising the order has been complied with or the amount has been paid; and requiring the contracted party to recommence the building work under the contract. (sec.67O-ssec.7) The building contract is subject to a condition that the contracted party must recommence carrying out building work under the contract within 7 days after the contracted party receives the written notice mentioned in subsection (6) (c) , or at a later time agreed to between the contracting party and the contracted party. - (a) the contracting party for a building contract has not complied with an order of a court or of the tribunal given in favour of the contracted party for the contract in relation to an issue arising under the contract; or - (b) all of the following apply— (i) an amount is required to be paid to the contracted party for a building contract by a particular time; (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party. - (i) an amount is required to be paid to the contracted party for a building contract by a particular time; - (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; - (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party. - (i) an amount is required to be paid to the contracted party for a building contract by a particular time; - (ii) the full amount is not paid, other than solely because of the retention of an amount lawfully permitted to be retained; - (iii) the requirement to pay the amount is not in dispute between the contracting party and the contracted party. - (a) details of the circumstance mentioned in subsection (1) (a) , or of the circumstances mentioned in subsection (1) (b) (i) to (iii) ; and - (b) that the contracted party intends to suspend building work the subject of the building contract if the order mentioned in subsection (1) (a) is not complied with, or if the amount mentioned in subsection (1) (b) is not paid, within the time stated in the written notice. - (a) give the contracting party a further written notice that the contracted party is suspending the building work immediately; and - (b) suspend the building work immediately the further written notice is given. - (a) is not in breach of the building contract; and - (b) keeps the contracted party’s rights under the contract, including any right to terminate the contract; and - (c) may at any time lift the suspension, even if the order has not been complied with or the amount has not been paid. - (a) the order is complied with, or the amount is paid; and - (b) the suspension is still in force; and - (c) the contracting party gives written notice to the contracted party— (i) advising the order has been complied with or the amount has been paid; and (ii) requiring the contracted party to recommence the building work under the contract. - (i) advising the order has been complied with or the amount has been paid; and - (ii) requiring the contracted party to recommence the building work under the contract. - (i) advising the order has been complied with or the amount has been paid; and - (ii) requiring the contracted party to recommence the building work under the contract.