Article 121. Suspension of execution.

1. When special circumstances arise, which temporarily prevent the works from proceeding in a workmanlike manner, and which were not foreseeable at the time of stipulation of the contract, the director of works may order the suspension of the execution of the contract, completing the suspension report, which is forwarded, within five days, to the RUP. 2. The suspension may also be ordered by the RUP for reasons of necessity or public interest. 3. In the cases provided for in paragraphs 1 and 2, for the construction of public works for an amount equal to or greater than the thresholds referred to in article 14, the suspension is ordered by the RUP after having acquired the opinion of the technical advisory board where established. If the suspension is imposed by serious technical reasons, capable of affecting the workmanlike implementation of the work, in relation to the methods of overcoming which there is no agreement between the parties, article 216, paragraph applies. 4. 4. Without prejudice to the hypothesis of the second sentence of paragraph 3, the suspension is ordered for the time strictly necessary. Once the relevant causes have ceased, the RUP orders the resumption of execution and indicates the new contractual term. 5. If the suspension or suspensions last for a period of time exceeding a quarter of the overall duration foreseen for the execution of the works themselves, or in any case when they exceed a total of six months, the executor can request the termination of the contract without compensation; if the contracting authority objects, the executor has the right to reimbursement of the increased costs resulting from the extension of the suspension beyond the aforementioned terms. No compensation is due to the executor in other cases. 6. When, following the delivery of the works, circumstances arise which partially prevent the regular carrying out of the works, due to unforeseeable causes or force majeure, the executor continues the executable parts of the work, while the partial suspension of non-executable works is carried out, acknowledging this in a specific report. In the case of partial suspension, paragraph 3 of this article applies for the construction of public works for an amount equal to or greater than the thresholds referred to in article 14. 7. Objections by the executor regarding the suspensions of the works , in the cases referred to in paragraphs 1, 2 and 6, are entered, under penalty of forfeiture, in the reports of suspension and resumption of work, unless the dispute concerns, in initially legitimate suspensions, only the duration, in which case it is registration of the same in the work resumption report is sufficient; if the executor does not sign the minutes he must make an express reservation in the accounting register. When the suspension exceeds a quarter of the total contractual time, the person responsible for the procedure gives notice to the ANAC. In case of failure or late communication, ANAC imposes an administrative sanction on the contracting authority pursuant to article 222, paragraph 13. 8. The executor who for reasons not attributable to him is unable to complete the works within the deadline fixed may request its extension, well in advance of the expiry of the contractual term. In any case, the granting of the extension does not prejudice the rights due to the executor due to the possible imputability of the longer duration to the contracting authority. The RUP, having consulted the director of works, decides on the request for extension within thirty days of its receipt. For works aimed at the realization of public works of an amount equal to or greater than the thresholds referred to in article 14, the opinion of the technical advisory board, where established, is obtained. 9. Without prejudice to the case of extension provided for in paragraph 8, the executor completes the work within the deadline established by the contractual documents, starting from the date of the delivery report or, in the case of partial delivery, from the last of the delivery reports. The completion of the works, as soon as it has taken place, is communicated by the executor in writing to the director of the works, who immediately proceeds with the necessary findings in cross-examination. The executor has no right to the termination of the contract nor to any compensation if the works, for any reason not attributable to the contracting authority, are not completed within the contractual term and regardless of the longer time taken. 10. In the case of total or partial suspensions of the works ordered by the contracting authority for reasons other than those referred to in paragraphs 1, 2 and 6, the executor may request, after registration, under penalty of forfeiture, specific reservations, to pursuant to paragraph 7, compensation for damages suffered, quantified on the basis of the provisions of article 1382 of the civil code and according to criteria identified in annex II.14. 11. The provisions of this article apply, insofar as they are compatible, to contracts relating to services and supplies, meaning the provisions regarding the director of works refer to the director of execution, if appointed. Paragraphs 3, 6, second period, and 8, fourth period also apply to procurement contracts for supplies and services for an amount equal to or greater than 1 million euros. EFFECTIVE FROM: 1 July 2023