Contractor’s 69.

4 Without prejudice to the Contractor’s entitlement to interest under Sub-Clause

Entitlement to 60.10 and to terminate under Sub-Clause 69.1 , the Contractor may, if the
Suspend Work Employer fails to pay the Contractor the amount due under any certificate of the
Engineer within 28 days after the expiry of the time stated in Sub-Clause 60.10
within which payment is to be made, subject to any deduction that the Employer
is entitled to make under the Contract, after giving 28 days’ prior notice to the
Employer, with a copy to the Engineer, suspend work or reduce the rate of work .
If the Contractor suspends work or reduces the rate of work in accordance with
the provisions of this Sub-Clause and thereby suffers delay or incurs costs the
Engineer shall, after due consultation with the Employer and the Contractor,
determine:
(a) any extension of time to which the Contractor is entitled under Clause 44, and

Resumption 69.5
of Work
(b) the amount of such costs, which shall be added to the Contract Price
and shall notify the Contractor accordingly, with a copy to the Employer >
Where the Contractor suspends work or reduces the rate of work.
notice in accordance with Sub-Clause 69.4, and the Employer sulfi
^^
^
^V ^ j.
TlJJpays
the amount due, including interest pursuant to Sub-Clause 6CWT), t

^^ ^
Contractor’s entitlement under Sub-Clause 69.1 shall, if n tice fterMination
has not been given , lapse and the Contractor shall resy mormaSp¥firking as
soon as is reasonably possible.
Changes in Cost and Legislation
Increase or 70.1 There shall be added to or deducted from tl ice such sums in respect
Decrease
of Cost
Part II of these Conditions. ^ ^^
of rise or fall in the cost of labour and/psjr 3|fly ri r any other matters affecting
the cost of the execution of the Wod aal a\*) e determined in accordance with

Subsequent 70.2 If, after the date 28 days pric I\he lara$t date for submission of tenders for the
Legislation Contract there occur in the c trWvwhich the Works are being or are to be
executed changes to an
Law or any regulati
or the introduction!
^^ B Jior State Statute, Ordinance, Decree or other
-law of any local or other duly constituted authority,
• UCTL State Statute, Ordinance, Decree, Law,
regulation o i h causes additional or reduced cost to the Contractor,
other than uHIer S Clause 70.1, in the execution of the Contract, such
additional oribdw cost shall, after due consultation with the Employer and the
Co r, be determined by the Engineer and shall be added to or deducted
&
fro 5jj tract Price-and the Engineer shall notify the Contractor
^
ly, with a copy to the Employer.
QMrency and Rates of Exchange
Currency Ifafter the date 28 days prior to the latest date for submission of tenders for the
Restri s Contract, the Government or authorised agency of the Government of the
country in which the Works are being or are to be executed imposes currency
restrictions and/or transfer of currency restrictions in relation to the currency or
currencies in which the Contract Price is to be paid, the Employer shall reimburse
any loss or damage to the Contractor arising therefrom, without prejudice to the
right of the Contractor to exercise any other rights or remedies to which he is
entitled in such event.
Rates of 72.1 Where the Contract provides for payment in whole or in part to be made to the
Exchange Contractor in foreign currency or currencies, such payment shall not be subject to
variations in the rate or rates of exchange between such specified foreign currency
or currencies and the currency of the country in which the Works are to be
executed.

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© FIDIC 1987 37
 Failure to Give 42.2 If the Contractor suffers delay and/or incurs costs from failure on the part of the
Possession Employer to give possession in accordance with the terms of Sub-Clause 42. 1, the
Engineer shall, after due consultation with the Employer and the Contractor,
determine:
(a) any extension of time to which the Contractor is entitled under Clause 44, and
(b) the amount of such costs, which shall be added to the Contract Price,
and shall notify the Contractor accordingly, with a copy to the Employer.
Rights of Way 42.3 The Contractor shall bear all costs and charges for special or temporary
and Facilities rights of way required by him in connection with access to the Site. The Contractor
shall also provide at his own cost any additional facilities outside the Site required
by him for the purposes of the Works.
Time for 43.1 The whole of the Works and, if applicable, any Section required to be competed
Completion within a particular time as stated in the Appendix to Tender, shall be conraet

Appendix to Tender for the whole of the Works or the Section (as tl p S
be), calculated from the Commencement Date, or such extended ^
^^^ ^^^^
in accordance with the provisions of Clause 48, within the time stat J tmnj

be
allowed under Clause 44.
Extension of Time 44.1 In the event of:
for Completion (a) the amount or nature of extra or additional wor
( b) any cause of delay referred to in these Con
(c) exceptionally adverse climatic conditic
(d) any delay, impediment or prevention b ployer, or
(e) other special circumstances wmm wfc ;ur, other than through a default of

^ ^^
or breach of contract by the Coj ucr rTt hich he is responsible,

amount of such e
^^
being such as fairly to entitlA ie

^
trcWtor to an extension of the Time for
Completion of the Workfc„ onsN S& ion or part thereof, the Engineer shall,
after due con sul tati on_wrWm5S Rployer and the Contractor, determine the
shall notify the Contractor accordingly , with a
copy to the Emp |
Contractor 44.2
to Provide
Notification and (a) in 28
^
Provided th wrhe
Contractor mk.
r is not bound to make any determination unless the

s after such event has first arisen notified the Engineer with a
Detailed CO ployer, and
Particulars ( in 28 days, or such other reasonable time as may be agreed by the
Endjlieer, after such notification submitted to the Engineer detailed particulars of
^
Sffll xtension of time to which he may consider himself entitled in order that such
submission may be investigated at the time.
Provided also that where an event has a continuing effect such that it is not
practicable for the Contractor to submit detailed particulars within the period of
-
28 days referred to in Sub Clause 44.2(b), he shall nevertheless be entitled to an
extension of time provided that he has submitted to the Engineer interim
particulars at intervals of not more than 28 days and final particulars within 28
days of the end of the effects resulting from the event. On receipt of such interim
particulars, the Engineer shall, without undue delay, make an interim
determination of extension of time and, on receipt of the final particulars, the
Engineer shall review all the circumstances and shall determine an overall
extension of time in regard to the event. In both such cases the Engineer shall
make his determination after due consultation with the Employer and the
Contractor and shall notify the Contractor of the determination, with a copy to
the Employer. No final review shall result in a decrease of any extension of time
already determined by the Engineer.

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© FIDIC 1987 19