Common use of Compensable Delays Clause in Contracts

Compensable Delays. 6.6.2.1. If Substantial Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the Architect, or separate Contractor employed by the District (collectively “Compensable Delays”), upon Contractor’s request and notice, in strict conformity with Articles 6 and 10 of these General Conditions, the Contract Time shall be adjusted by Change Order for such reasonable period of time as determined by the Construction Manager and the District. In accordance with California Public Contract Code §7102, if the Contractor’s progress is delayed by any of the events described in the preceding sentence, Contractor shall be entitled to the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay, the delay is unreasonable under the circumstances and was not within the reasonable contemplation of the District or the Contractor at the time of execution of the Master Facilities Lease. In such event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect Field office, indirect additional Home office, unabsorbed overhead, or other consequential damages. No adjustment of the Contract Time shall be made on account of any Compensable Delays unless such delay(s) actually and directly impact Work activities on the Critical Path of the then current accepted Monthly Schedule Update as of the date on which such delay first occurs.

Compensable Delays. In Process 6.6.2.1. If Substantial Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the Architect, or separate Contractor employed by the District (collectively “Compensable Delays”), upon Contractor’s request and notice, in strict conformity with Articles 6 and 10 of these General Conditions, the Contract Time shall be adjusted by Change Order for such reasonable period of time as determined by the Construction Manager and the District. In accordance with California Public Contract Code §7102, if the Contractor’s progress is delayed by any of the events described in the preceding sentence, Contractor shall be entitled to the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay, the delay is unreasonable under the circumstances and was not within the reasonable contemplation of the District or the Contractor at the time of execution of the Master Facilities Lease. In such event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect Field office, indirect additional Home office, unabsorbed overhead, or other consequential damages. No adjustment of the Contract Time shall be made on account of any Compensable Delays unless such delay(s) actually and directly impact Work activities on the Critical Path of the then current accepted Monthly Schedule Update as of the date on which such delay first occurs.