During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that the Contractor shall continue its performance of the Contract (unless the Public Body requests in writing that the Contractor does not do so).
The Public Body and the Contractor shall make every effort to resolve amicably by direct informal negotiation any disagreement, controversy or dispute arising between them under or in connection with the Contract or interpretation thereof.
If a dispute arises between the Public Body and the Contractor in relation to any matter which cannot be resolved by the Engineer and the Contractor's Contract Manager either of them may refer such dispute to the procedure described in GCC Sub-Clause 26.4.
In the second instance each of the Public Body and the Contractor shall appoint more senior representatives than those referred to in Sub-Clause 26.3 to meet solely in order to resolve the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Public Body (but the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question at the discretion of the chairman.
If the Parties fail to resolve such a dispute or difference amicably within twenty-eight (28) days from the commencement of such procedure, either party may require that the dispute be referred for resolution through the courts in accordance with Ethiopian Law.
Only those Public Bodies that are allowed by law to proceed to arbitration can do so.
Liquidated Damages
Except as provided under GCC Clause 18, if the Contractor fails to carry out any or all of the Works within the period specified in the Contract, the Public Body may without prejudice to all its other remedies under the Contract, deduct from the Contract Price, as liquidated damages the following:
(hhhhhhh)A penalty of 0.1% or 1/1000 of the value of undelivered Service for each day of delay until actual delivery or performance,
(iiiiiii)The cumulative penalty to be paid by the Contractor shall not exceed 10% of the contract price.
If the delay in performing the contract affects its activities, the Public Body may terminate the contract by giving advance notice to the Contractor pursuant to GCC Clause 21 without any obligation to wait until the penalty reaches 10% of the value of the Contract.
If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate.
