Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 07 - CONTRACT TERMS AND CONDITIONS
Chapter 21.07.02 - Mandatory Construction Contract Clauses
Section 21.07.02.04 - Suspension of Work
Universal Citation: MD Code Reg 21.07.02.04
Current through Register Vol. 51, No. 19, September 20, 2024
Mandatory provision for all construction contracts:
"Suspension of Work
"(1) The procurement officer unilaterally may
order the Contractor in writing to suspend, delay, or interrupt all or any part
of the work for a period of time as the procurement officer may determine to be
appropriate for the convenience of the State.
"(2) If the performance of all or any part of
the work is for an unreasonable period of time, suspended, delayed, or
interrupted by an act of the procurement officer in the administration of this
contract, or by the procurement officer's failure to act within the time
specified in this contract (or if no time is specified, within a reasonable
time), an adjustment shall be made for any increase in the cost of performance
of this contract (excluding profit) necessarily caused by an unreasonable
suspension, delay, or interruption and the contract modified in writing
accordingly. However, no adjustment shall be made under this clause for any
suspension, delay, or interruption to the extent (1) that performance would
have been so suspended, delayed, or interrupted by any other cause, including
the fault or negligence of the Contractor or (2) for which an equitable
adjustment is provided for or excluded under any provision of this
contract.
"(3) No claim under this
clause shall be allowed (1) for any costs incurred more than 20 days before the
Contractor shall have notified the procurement officer in writing of the act or
failure to act involved (but this requirement shall not apply as to a claim
resulting from a suspension order), and (2) unless the claim, in an amount
stated, is asserted in writing as soon as practicable after the termination of
a suspension, delay, or interruption, but not later than the date of final
payment under the contract."
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