Common use of An Excusable Delay is Non-Compensable when Clause in Contracts

An Excusable Delay is Non-Compensable when. 1. It is caused by circumstances beyond the control of the Construction Manager, its Subcontractors, materialman, supplier, or vendor to the Construction Manager, and is also caused by circumstances beyond the control of the Owner, Architect/Engineer and./or permitting agencies, whether or not part of DCSB, to the extent that such delays were not caused by the Construction Manager, or 2. It is caused jointly or concurrently by the Construction Manager or its Subcontractors, materialman, supplier, or vendor to the Construction Manager and by the Owner, the Architect/Engineer, and/or Consultants, then the Construction Manager shall be entitled only to a time extension and no further compensation for the delay, or 3. The delay does not cause the work to extend beyond the Contract Time.

Appears in 2 contracts

Sources: Construction Management Agreement, Construction Management Agreement