Common use of Delay Costs Clause in Contracts

Delay Costs. For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this subclause 34.9 shall oblige the Principal to pay extra costs for delay – (a) which have already been included in the value of a variation or any other payment under the Contract; (b) caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause, (except to the extent, if any, that Item 26 provides otherwise); (c) to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

Delay Costs. For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. 31A. Nothing in this subclause 34.9 shall oblige the Principal to pay extra costs for delay – (a) – which have already been included in the value of a variation or any other payment under the Contract; (b) ; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause, (except to the extent, if any, that Item 26 31 provides otherwise); (c) ; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'’

Delay Costs. For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this subclause 34.9 shall oblige the Principal to pay extra costs for delay – (a) – which have already been included in the value of a variation or any other payment under the Contract; (b) ; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause, (except to the extent, if any, that Item 26 provides otherwise); (c) ; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'