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; delays caused by Force Majeure that in fact do not adversely impact the Project in a manner that could not have been avoided by rescheduling or by implementing protective measures; or (iv) such Delay results from Owner’s Separate Contractors’ work that does not necessarily prevent the timely completion of all Work.