Common use of COMPENSABLE DELAY Clause in Contracts

COMPENSABLE DELAY. If Design Build Entity is entitled to an increase in the Total Contract Amount because of any Compensable Delay established pursuant to the General Conditions, the Total Contract Amount will be increased by the sum indicated below for each Day of Compensable Delay approved in a Change Order issued by the Judicial Council or accepted as Compensable Delay during the resolution of any Claim. This provision will apply only if the Judicial Council has issued a Notice to Proceed for the Post-GMP Phase Work and only to the extent that Design Build Entity establishes its entitlement to Compensable Delay pursuant to the Contract Documents. The Compensable Delay daily rate will be calculated by: (i) dividing the total cost of Design Build Entity’s General Conditions (staff and other costs per the Design Build Entity’s Price Proposal) on the Project by the total days in the Post- GMP Phase Time; and (ii) multiplying that daily rate by the number of days of Judicial Council approved Compensable Delay (e.g., Compensation for Compensable Delay = (Cost of Design Build Entity’s General Conditions / Post-GMP Phase Time) x Approved Days of Compensable Delay). Additional compensation for home office overhead and markup shall not be allowed. This formula shall not be adjusted during the performance of Work.