Section 3-125-7 - Suspension of work for construction contracts The following paragraphs, or similar statements expressing the intent of these paragraphs, shall be included in all construction contracts:
(1) "Suspension of work. The procurement officer may, by written order, suspend the performance of the work, either in whole or in part for periods as the procurement officer may deem necessary for any cause, including but not limited to: (A) Weather or soil conditions considered unsuitable for prosecution of the work;(B) Failure on the part of the contractor to: (i) Correct conditions unsafe for the general public or for the workers;(ii) Carry out orders given by the procurement officer;(iii) Perform the work in strict compliance with the provisions of the contract; or(iv) Provide adequate supervision on the jobsite.(C) Whenever a redesign that may affect the work is deemed necessary by the procurement officer;(D) Unacceptable noise or dust arising from the construction even if it does not violate any law or regulation; or(E) The convenience of the State."(2) "Partial and total suspension. Suspension of work on some but not all items of work shall be considered a "partial suspension". Suspension of work on all items shall be considered "total suspension". The period of suspension shall be computed from the date set out in the written order for work to cease until the date of the order for work to resume."(3) "Reimbursement to contractor. In the event that the contractor is ordered by the procurement officer in writing as provided herein to suspend all work under the contract in accordance with subparagraph (C), (D), or (E) of the "suspension of work" paragraph, the contractor may be reimbursed for actual money expended towards the project during the period of suspension. No allowance will be made for anticipated profits."(4) "Cost adjustment. If the performance of all or part of the work is suspended for reasons beyond the control of the contractor, an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such suspension, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension: (A) To the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the contractor; or(B) For which an adjustment is provided for or excluded under any other provision of this contract."(5) "Claims for adjustment. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the provisions on changes and claims for adjustment. Claims for compensation shall be filed in writing with the procurement officer within thirty days after the date of the order to resume work or the claims will not be considered. Together with the claim, the contractor shall submit substantiating documents covering the entire amount shown on the claim. The procurement officer shall take the claim under consideration, may make such investigations as are deemed necessary, and shall be the sole judge as to the equitability of the claim. The procurement officer's decision shall be final."(6) "No adjustment. No provision of this clause shall entitle the contractor to any adjustments for delays due to failure of surety, for suspensions made at the request of the contractor, for any delay required under the contract, for suspensions, either partial or whole, made by the procurement officer under subparagraph B of the "suspension of work" paragraph."[Eff 12/15/95; am and comp NOV 17 1997] (Auth: HRS §§ 103D-202, 103D-501) (Imp: HRS § 103D-501)