Art. 107. Suspension

1. In all cases in which there are special circumstances which temporarily prevent the work from being carried out by law, and which are not foreseeable at the time of the conclusion of the contract, the site manager may order the suspension of the performance of the contract, filling in, if possible, with the intervention of the performer or his legal representative, the suspension minutes, indicating the reasons for the interruption of the works and the state of progress of the works, the works whose performance remains interrupted and the precautions taken in order that upon resumption these can be continued and brought to completion without excessive burdens, the size of the workforce and the work equipment on site at the time of suspension. The report shall be forwarded to the person in charge of the proceedings within five days of the date of its drafting.

2. The suspension may also be arranged by the sole project manager for reasons of necessity or public interest, including the interruption of funding for the needs of public finances, provided by reasoned act of the competent authorities. If the suspension, or suspensions, last for more than one quarter of the total duration of the works, or in any case over six months, the performer may request termination of the contract without compensation; if the contracting entity is opposed, the performer has the right to reconsider the higher charges resulting from the extension of the suspension beyond the above terms. No compensation is due to the performer in the other cases.

3. The suspension is arranged for the time strictly necessary. As soon as the grounds for the suspension have ceased to exist, the sole project manager shall arrange for the resumption of performance and specify the new contractual deadline.

4. In the event of unforeseeable causes or force majeure, after the delivery of the work, circumstances which partially impede the proper implementation of the works, the performer is obliged to continue the executable work, while partially suspending the non-executable work, acknowledging it in special minutes. The objections of the performer to the suspension of the work are recorded under penalty of forfeiture in the suspension and resumption of works minutes, subject to the initially legitimate suspensions, for which the entry in the minutes of the resumption of work is sufficient. If the performer does not intervene to sign the minutes or refuses to sign them, he must expressly notify of this in the accounting register. When the suspension exceeds 25% of the total contractual time the person in charge of the proceedings shall give notice to ANAC. In the case of a failure to notify or late notification ANAC shall establish an administrative penalty on the contracting entity amounting to between 50 and 200 euros per day of delay.

5. The performer which, due to causes not attributable to it is unable to complete the work within the prescribed time-limit may request the extension of the time-limit in good time before the expiry of the contractual term. In any case, the concession does not undermine the rights of the performer for any imputability of the longer duration of the contracting entity. The person responsible for the proceedings shall, after hearing the site manager, decide on the extension, within 30 days of its receipt. The performer must complete the work within the time limit set out in the contractual documents from the date of the acceptance report or, in the case of partial delivery, by the last of the acceptance reports. Completion of the work that has taken place shall be communicated by the performer in writing to the site manager, who immediately proceeds to the necessary joint findings. The performer is not entitled to the termination of the contract or to any compensation if the work, for any cause not attributable to the contracting entity, is not completed within the contractual term and whatever the most time spent.

6. In the event of total or partial suspension of works arranged by the contracting entity for reasons other than those referred to in paragraphs 1, 2 and 4, the performer may request compensation for the damages incurred, quantified on the basis of the provisions of Article 1382 of the Civil Code and according to the criteria set out in the decree referred to in Article 111, paragraph 1.

7. The provisions of this Article shall apply, as applicable, to service and supply contracts.
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