Either party commits a breach of contract where it fails to discharge any of its obligations under the specific contract.
Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:
(cccccc)Compensation / Claim for liquidated damages as specified in GCC Clause 27; and/or
(dddddd)Termination of the contract.
In any case where the Public Body is entitled to damages, it may deduct such Suspension damages from any sums due to the Contractor or call on the appropriate guarantee.
The Contractor shall, on the order of the Engineer, suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer may consider necessary.
During the period of suspension, the Contractor shall take such protective measures as may be necessary to safeguard the works, plant, equipment and site against any deterioration, loss or damage. Additional expenses incurred in connection with such protective measures shall be added to the contract price, unless such suspension is:
(eeeeee)otherwise provided for in the contract; or
(ffffff)necessary by reason of some default of the Contractor; or
(hhhhhh)necessary for the safety or the proper execution of the works or any part thereof insofar as such necessity does not arise from any act or default by the Engineer or the Public Body or from any of the exceptional risks referred to in GCC Clause 44.
The Contractor shall not be entitled to such additions to the contract price unless he notifies the Engineer, within 30 days after receipt of the order to suspend the works, of his intention to make a claim for them.
The Engineer, after consultation with the Public Body and the Contractor, shall determine such extra payment and/or extension of the period of performance to be made to the Contractor in respect of such claim as shall, in the opinion of the Engineer, be fair and reasonable.
If the period of suspension exceeds 120 days and the suspension is not due to the Contractor's default, the Contractor may, by notice to the Engineer, request permission to proceed within thirty (30) days or terminate the contract.
Where the award procedure or implementation of the contract is vitiated by substantial errors or irregularities or by suspected or proven fraud, the payments and/or implementation of the contract shall be suspended. Where such errors, irregularities or fraud are attributable to the Contractor, the Public Body may also refuse to make payments or may recover monies already paid, in proportion to the seriousness of the errors, irregularities or fraud. The payments may also be suspended in cases where there are suspected or established errors, irregularities or fraud committed by the Contractor in the performance of another contract funded by the Federal Government of Ethiopia, which are likely to affect the performance of the present contract
