Common use of Compensable Delays Clause in Contracts

Compensable Delays. The Contractor shall be entitled to compensation from the District on account of a delay in the performance of the Work (each a “Compensable Delay”) only if: (i) the District caused or otherwise was responsible for the delay; (ii) the delay was unreasonable under the circumstances involved; and (iii) the delay was not within the contemplation of the District and Contractor. A delay shall not be considered to be a Compensable Delay to the extent the delay was caused, contributed to, or continued by the Contractor or any Subcontractor or other party or entity under the control or direction of, or otherwise performing any work or services on behalf of, the Contractor. A delay shall be considered a Compensable Delay only if and to the extent the delay adversely impacts a portion of the Work that is a critical-path item, and the District shall not be required to pay any compensation whatsoever to the Contractor (including, without limitation, any extended overhead, general conditions costs, impact costs, and/or out-of-sequence costs) in the absence of any such adverse impact on the critical-path of the Work. Subject to the Contractor’s compliance with applicable requirements of this Part 11, and based on sufficient proof provided by the Contractor or otherwise obtained by or provided to the District, additional compensation to the Contractor for a Compensable Delay shall be set forth in and authorized by a Change Order or Construction Change Directive.

Compensable Delays. The Consistent with Public Contract Code Section 7102, the Contractor shall be entitled to compensation from the District on account of a delay in the performance of the Work (each a “Compensable Delay”) only if: (i) the District caused or otherwise was responsible for the delay; (ii) the delay was unreasonable under the circumstances involved; and (iii) the delay was not within the contemplation of the District and Contractor. A delay shall not be considered to be a Compensable Delay to the extent the delay was caused, contributed to, or continued by the Contractor or any Subcontractor or other party or entity under the control or direction of, or otherwise performing any work or services on behalf of, the Contractor. A delay shall be considered a Compensable Delay only if and to the extent the delay adversely impacts a portion of the Work that is a critical-path item, and the District shall not be required to pay any compensation whatsoever to the Contractor (including, without limitation, any extended overhead, general conditions costs, impact costs, and/or out-of-of- sequence costs) in the absence of any such adverse impact on the critical-path of the Work. Subject to the Contractor’s compliance with applicable requirements of this Part 11, and based on sufficient proof provided by the Contractor or otherwise obtained by or provided to the District, additional compensation to the Contractor for a Compensable Delay shall be set forth in and authorized by a Change Order or Construction Immediate Change Directive.