DAMAGES CAUSED BY DELAYS Clause Samples

The "Damages Caused by Delays" clause establishes the responsibility of a party to compensate the other for losses resulting from project or service delays. Typically, this clause outlines the types of damages recoverable, such as additional costs, lost profits, or penalties, and may specify how delays are measured and what exceptions apply, like force majeure events. Its core function is to allocate risk and incentivize timely performance by holding parties financially accountable for avoidable delays, thereby protecting the interests of the non-breaching party.
POPULAR SAMPLE Copied 2 times
DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the work described in Section 2 or should otherwise commit any act which causes delay to the prime contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default.
View SourceView Similar (20)
DAMAGES CAUSED BY DELAYS. In 2008, the City embarked on a pilot project to test the use of new construction contract language altering the allocation of the risk of project delays, as between the City and the contractor. The City has determined to make the pilot project language the standard language for all City W\SH construction contracts. Please note that changes have been made to the damages for delay provisions from the pilot to the adopted version.
View SourceView Similar (4)
DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the Work or breach any provision of this Agreement, or should otherwise commit any act which causes delay to the Contractor’s work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including liquidated damages, sustained by Contractor, or for which Contractor may be liable to the Owner or any other party because of Subcontractor's default or breach. Subcontractor’s liability for liquidated damages arising out of Subcontractor’s default in performance of the work or breach of any provision of this Agreement shall be limited to amounts, if any, assessed against Contractor by the Owner and shall be further limited to the extent of Subcontractor’s comparative fault for such losses.
View SourceView Similar (4)
DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the Work or breach any provision of this Agreement, or should otherwise commit any act which causes delay to the Contractor’s work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including liquidated damages, sustained by Contractor, or for which Contractor may be liable to the Owner or any other party because of Subcontractor's default or breach. Neither Party shall be liable to the other for consequential damages incurred directly by either party arising out of or related to a breach of this Agreement, except that Subcontractor shall remain liable for indemnification and the duty to defend against any actual and/or consequential damages that arise out of the Work or a breach of this Agreement that are assessed or claimed against Contractor by third parties, which includes, but is not limited to, the Owner, as well as for any such damages that are caused by an insurable event and covered by insurance. Subcontractor’s liability for liquidated damages arising out of Subcontractor’s default in performance of the work or breach of any provision of this Agreement shall be limited to amounts, if any, assessed against Contractor by the Owner and shall be further limited to the extent of Subcontractor’s comparative fault for such losses.
View SourceView Similar (3)
DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the work described herein or should otherwise commit any act which causes delay to the Project or the work, including delays due to required corrections of defective work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Further, whether or not damages are so assessed, Subcontractor agrees to pay to Contractor such other additional damages as the Contractor may sustain by reason of any such delay directly or indirectly attributable to or caused by Subcontractor, including, but not limited to, recovery of Contractor’s overhead and expenses related to managing and supervising the Project during or equal to any period of time resulting from such delay of Subcontractor; and Subcontractor further agrees that neither the payment of such damages nor any liability incurred for the payment of such damages shall release the Subcontractor from his obligation to otherwise fully perform this Agreement.
View Source
DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the work described herein or should otherwise commit any act which causes delay to the project or the work described in the Prime Contract, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Further, whether or not liquidated damages and/or consequential damages are so assessed, Subcontractor agrees to pay to Contractor such other additional damages as the Contractor may sustain by reason of any such delay directly or indirectly attributable to or caused by Subcontractor, including, but not limited to, recovery of Contractor’s overhead and expense related to managing and supervising the Project during or equal to any period of time resulting from such delay of Subcontractor; and Subcontractor further agrees that neither the payment of such damages nor any liability incurred for the payment of such damages shall release the Subcontractor from his obligation to otherwise fully perform this Agreement.
View Source
DAMAGES CAUSED BY DELAYS. If Subcontractor is delayed in the prosecution of the Work by Owner, by Contractor, by another subcontractor of Contractor, or by any cause that would entitle Contractor to an extension of time under the Contract, Subcontractor shall give Contractor written notice of the occurrence of the cause within four (4) business days after the commencement thereof and keep Contractor currently informed in writing with respect thereto until the delay has terminated. If Subcontractor fails to give such notice within the time specified, Subcontractor shall be deemed conclusively to have waived its right to an extension of time based upon such cause. If Subcontractor is so delayed, the parties shall agree in writing upon an extension of the time for the performance of the Work or, if they are unable to so agree, Subcontractor's entitlement to, and length of, the extension of time shall be determined pursuant to the Dispute Resolution provisions hereof. The length of the extension of time shall be equal to the number of calendar days that the completion of Subcontractor's Work actually was delayed by such cause. Anything in this paragraph to the contrary notwithstanding, if such delay (other than a delay caused by Contractor or another subcontractor) also concurrently delays the completion of the Contract, Subcontractor shall not be entitled to an extension of time that is longer than the extension of time granted by Owner to Contractor therefor. Subject to the above, Subcontractor shall perform the Work within such time as will permit Contractor to complete the Contract within the time specified therein. If Subcontractor breaches this obligation, Subcontractor shall be liable to Contractor (i) for all liquidated damages that are collected by Owner from Contractor that are caused by Subcontractor's breach and (ii) for such other damages (losses, costs, expenses, liabilities and damages, including consequential damages) that are caused to Contractor by Subcontractor's breach.
View Source
DAMAGES CAUSED BY DELAYS. If Subcontractor defaults in its performance of the Work or otherwise commits any act or omission which causes delay to XYZ or other subcontractors or suppliers or the Project, or causes the completion of the Project to be delayed, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by XYZ, or for which XYZ may be liable to Owner or any other party because of Subcontractor's default or act or omission.
View Source

Related to DAMAGES CAUSED BY DELAYS

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • No Damages for Delay The Contractor has no claim for monetary damages for delay or hindrances to the Work from any cause, including without limitation any act or omission of the Owner.

  • Damages from Certain Causes Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, riot, strike, insurrection, war, act or omission of any party other than Landlord, any nuisance or interference caused or created by any property owner other than Landlord, requisition or order of governmental body or authority, court order or injunction, or any cause beyond Landlord’s control or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises as required by this Lease.

  • 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.

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.