Common use of Avoidable Delays Clause in Contracts

Avoidable Delays. An “Avoidable Delay” is any Delay other than an Unavoidable Delay, and those Unavoidable Delays that could have been avoided, because: (i) Contractor, Sub-contractors, or Sub-subcontractors failed to exercise care, prudence, foresight, or diligence; (ii) such Delay only affects a portion of Work that does not necessarily interfere with prosecution of other parts of the Work; (iii) such Delay does not impact the Project’s critical path; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.

Appears in 6 contracts

Sources: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

Avoidable Delays. An “Avoidable Delay” is any Delay other than an Unavoidable Delay, and those Unavoidable Delays that could have been avoided, because: (i) Contractor, Sub-Sub- contractors, or Sub-subcontractors failed to exercise care, prudence, foresight, or diligence; (ii) such Delay only affects a portion of Work that does not necessarily interfere with prosecution of other parts of the Work; (iii) such Delay does not impact the Project’s critical path; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.

Appears in 4 contracts

Sources: Construction Manager and General Contractor Agreement, Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

Avoidable Delays. An “Avoidable Delay” is any Delay other than an Unavoidable Delay, and those Unavoidable Delays that could have been avoided, because: (i) Contractor, Sub-contractors, or Sub-subcontractors failed to exercise care, prudence, foresight, or diligence; (ii) such Delay only affects a portion of Work that does not necessarily interfere with prosecution of other parts of the Work; (iii) such Delay does not impact the Project’s critical path; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.. SAMPLE

Appears in 1 contract

Sources: Design Build Agreement