Contractor Delay Clause Samples

The Contractor Delay clause defines the procedures and consequences when a contractor fails to meet agreed project deadlines. Typically, this clause outlines the circumstances under which delays are considered excusable or non-excusable, and may specify remedies such as extensions of time or the imposition of liquidated damages. Its core function is to allocate responsibility for project delays, incentivize timely performance, and provide a clear framework for resolving disputes related to schedule overruns.
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Contractor Delay. If the Contractor is delayed in the performance of the Work by an act, error or omission of a Contractor Person, or by an event for which the Contractor is not expressly given relief under the Contract (“Contractor Delay”), then the Contractor will not be entitled to, nor will the Contractor make any claim for an adjustment of the Contract Price, reimbursement or payment from BC Hydro for any costs incurred by the Contractor or an extension of the time for the performance of the Work, in either case, as a result of a Contractor Delay.
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Contractor Delay. Contractor Delay means any delay in achieving Substantial Performance of the Work or Total Completion by the prescribed dates set out in paragraph 1.3 of Article A-1 of the Agreement – THE WORK other than as expressly permitted under GC 6.5 – DELAYS.
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Contractor Delay. If the Architect believes that compensable Extra Services are being, or will be, rendered due to the Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time or the Contractor’s delayed completion of “punch list” items, the Architect shall notify the Owner in writing, but shall not suspend or otherwise alter services to the detriment of the Owner and Project. As a prerequisite to entitlement to compensation for such Extra Services, the Architect shall have fulfilled its obligations under the terms of the Agreement to issue timely Notice(s) to Cure to the Contractor and to have advised the Owner of the Contractor’s inadequate progress and possible actions to be taken by the Owner. Unless otherwise stipulated in the Special Provisions of the Agreement or an amendment to the Agreement, the Architect shall be equitably paid for validated Extra Services to the extent that the Owner is entitled to recover same from the Contractor (or its Surety) under the terms of the Construction Contract.
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Contractor Delay. Contractor Delay" shall occur if substantial completion of the Warm Shell Improvements is delayed directly as a result of unreasonable delay by Devcon Construction in completion of the Warm Shell Improvements, which delay occurs after the Delivery Date and before the 7 61 Commencement Date and does not result from Tenant's interference or delay in connection with completion of the Tenant Improvements or failure to make payment when due under the Warm Shell Contract, and provided that such delay in substantial completion could not have been mitigated by Tenant using commercially reasonable measures. Tenant shall give Landlord at least five (5) days prior notice if Tenant becomes aware that Landlord's Contractor is in danger of causing a Contractor Delay, and if Landlord takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Commencement Date shall be made on account of such Contractor Delay; provided, however, that if such delay was not reasonably foreseeable by Tenant, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Tenant becomes aware of such delay or potential delay.
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Contractor Delay. If a delay was caused by the Contractor, a Subcontractor of any tier, or anyone acting on behalf of any of them, the Contractor is not entitled to an increase in the Contract Time or in the Contract Sum.
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Contractor Delay. Contractor shall be excused for the period of any delay in performance of any obligations hereunder when it is prevented from doing so by the wrongful or negligent acts or omissions of the City or by causes beyond either party’s control, which shall include all labor disputes, civil disturbance, war, warlike operations, invasions, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fires or other casualties, adverse weather conditions, or acts of God.
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Contractor Delay. Whenever Contractor knows or reasonably should know that any actual or potential condition is delaying or threatens to delay the timely performance of the Work, Contractor shall within ten (10) days give notice thereof, including all relevant information with respect thereto to PARCC’s Contract representative.
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Contractor Delay. Contractor Delay has the meaning given to it in paragraph 11.1 of Article A-11 INTERPRETATION AND OTHER MATTERS of the Contract.
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Related to Contractor Delay

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees, subcontractors, or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either (i) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result; or (ii) if a delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING WILL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO ANY DELAY except if such delay is caused by the fraud, bad faith, or active interference of the Department. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, and a rebuttable presumption of prejudice will exist based on Contractor’s untimely notice. The Contractor shall not assert any claim for damages related to such delay. The Contractor will not be entitled to an increase in the Term Contract price or payment of any kind from the Department for direct, indirect, consequential, impact, or other costs, expenses, or damages, including costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this subsection, the Department may unilaterally (and with no recourse on the part of the Contractor) identify and use an alternate source to complete any work under the Term Contract as the Department deems necessary, in its sole discretion. After the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Department or State, in which case the Department may (i) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to the Department with respect to Products subjected to allocation; or (ii) terminate the Term Contract in whole or in part.

  • Extra Work At any time during the Term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.