Common use of Change of Contract Time Clause in Contracts

Change of Contract Time. 13.1 The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to the Professional within seven (7) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to the Project Manager within fifteen (15) calendar days after such occurrence unless the Professional allows additional time. All claims submitted by the Contractor for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay and clearly indicate why the subject delay was beyond the Contractor’s control or fault. Failure to comply constitutes a waiver of Contractor’s right to make a claim. 13.1.1 If the Contractor is delayed at any time in the performance, progress, commencement, or by any separate contractor employed by the City, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the completion of the Work by any act or neglect of the City or the Professional, or by an employee of either, the Contractor using reasonable diligence, or any causes beyond the Contractor’s control or fault, then the Contract Time shall be extended by Change Order for such reasonable time as the City may determine. The Contractor shall be entitled to an extension of time for such causes only for the number of days of delay which the City may determine to be due solely to such causes and only to the extent such occurrences actually delay the completion of the Work and then only if the Contractor shall have strictly complied with all the requirements of the Contract Documents. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which the City or the Professional may be responsible in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from the City. The Contractor’s sole and exclusive remedy against the City for interruption, interference, inefficiency, suspension or delay of any aspect of the Work shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. The Contractor shall not be entitled to an increase in the contract sum or payment or compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, cost of acceleration or efficiency arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance by reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. To the extent there is a delay caused by the City which is a concurrent delay to that caused by the Contractor, City shall not be liable to the Contractor for any associated delay damages, as the parties recognize that even had Contractor’s performance not been delayed, there would still have been a delay in the overall schedule.

Change of Contract Time. 13.1 10.6.1 The Contract Time may only be changed by a Change Order. Any request for an extension in the Contract Time shall be made in writing and delivered to the Professional Project Manager within seven ten (710) calendar days of the occurrence first happening and resulting in the claim. Written supporting data will be submitted to the Project Manager within fifteen twenty (1520) calendar days after such occurrence unless the Professional Project Manager allows additional time. All claims submitted by the Contractor DESIGN-BUILDER for adjustments to the Contract Time must set forth in detail the reasons for and causes of the delay; clearly demonstrate that the delay will impact the Critical Path; and clearly indicate why the subject delay was beyond the Contractor’s DESIGN- BUILDER’S control or fault. Failure to comply constitutes a waiver of Contractor’s right to make a claim. 13.1.1 10.6.2 If the Contractor DESIGN-BUILDER is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of the CITY or by any of its employees, or by any separate contractor entity employed by the CityCITY, or by changes ordered in the Work, or by labor disputesActs of God, fire, unavoidable casualties, utility conflicts which could not have been identified or foreseen by the completion of the Work by any act or neglect of the City or the Professional, or by an employee of either, the Contractor DESIGN-BUILDER using reasonable diligence, or any other causes beyond the ContractorDESIGN-BUILDER’s control or faultreasonable control, then the Contract Time shall be extended by Change Order for such reasonable time as the City CITY may determine. The Contractor DESIGN-BUILDER shall be entitled to an extension of time for such causes only for the number of days of delay which the City may determine DESIGN-BUILDER demonstrates to be due solely to such causes and only to the extent such occurrences actually impact the critical path and consequently delay the completion of the Work and then only if the Contractor shall have strictly complied with all the requirements of the Contract DocumentsProject. Provided, however, notwithstanding anything in the Contract Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the Work for any cause whatsoever, including those for which the City or the Professional CITY may be responsible in whole or in part, shall relieve Contractor DESIGN-BUILDER of its duty to perform the Work under the Contract, or give rise to any right to damages or additional compensation from the CityCITY. The Contractor’s sole and exclusive remedy against the City for interruption, interference, inefficiency, suspension or delay of any aspect of the Work DESIGN-BUILDER shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein. The Contractor shall not be entitled to an increase in extension of time and/or reasonable additional compensation as agreed upon by the contract sum DESIGN-BUILDER and the CITY related to any delay caused by other contractors not under the authority and control of the DESIGN-BUILDER or payment or compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, cost of acceleration or efficiency arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance by reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. To the extent there is a delay caused by the City which is a concurrent delay CITY. The above paragraph shall expressly apply to claims based on early completion, as well as claims based upon late completion. The DESIGN-BUILDER shall not have the right to damages or additional compensation on the basis that delays, not caused by the ContractorCITY, City shall not be liable to the Contractor for any associated delay damages, as the parties recognize that even had Contractor’s performance not been delayed, there would still have been a delay in the overall schedulecause whatsoever prevented early completion.