Common use of ACCELERATION OF THE WORK Clause in Contracts

ACCELERATION OF THE WORK. 46.1 If Contractor’s rate of progress is such that the total amount of Work and/or the degree of completion of the Work accomplished by Contractor and its Subcontractors within any time period required by the Construction Schedule or the Contract Documents is less than the amount therein specified to be completed within such time, and it reasonably appears that Contractor and its Subcontractors will be unable to achieve completion of Milestones by the dates set forth in the Construction Schedule or Substantial Completion of the Work by the Date of Substantial Completion, Owner may notify Contractor of the same and, in such event, Contractor shall have the duty to demonstrate to Owner that, based upon its estimate of the remainder of the Construction Schedule and potential for early completion of portions of the Work, Contractor will be able to achieve completion of Construction Schedule, Milestone(s) and Substantial Completion of the Work on or before the Date of Substantial Completion. If Owner, acting reasonably, does not agree that Contractor has demonstrated its ability to achieve completion of Construction Schedule, Milestone(s) or Substantial Completion of the Work on or before the Date of Substantial Completion, Owner may direct Contractor to accelerate the Work by issuing a notice to Contractor pursuant to this Section 46. Upon such direction, Contractor shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule. If the anticipated delay results from an Excusable Event of Delay under the Agreement, Contractor will be entitled to compensation for costs actually incurred as a direct result of such acceleration. 46.2 In addition to Owner’s right to accelerate the Work pursuant to Section 46.1, Owner may direct Contractor to accelerate the Work without cause by issuing a written notice to Contractor requesting such acceleration. If the Owner directs acceleration pursuant to this Section and that acceleration causes Contractor to incur additional costs, Contractor expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order equal to the actual costs reasonably incurred directly by reason of the acceleration less any reduction in costs due to the shorter overall Construction Schedule. Owner shall not be required to pay any costs incurred pursuant to this Section 48 and Contractor shall be deemed to have waived its right to recover any such costs, unless such costs are incurred in response to a written directive from Owner to Contractor that authorizes Contractor to incur such costs and explicitly acknowledges that Owner will pay such costs.