DELAYS IN THE WORK Clause Samples
The "Delays in the Work" clause defines how delays affecting the progress of a project are identified, managed, and addressed within a contract. It typically outlines the procedures for notifying the other party of a delay, the acceptable reasons for such delays (such as weather, supply shortages, or unforeseen site conditions), and the process for requesting extensions of time. This clause serves to allocate responsibility for delays, establish clear communication protocols, and provide a mechanism for adjusting project timelines, thereby reducing disputes and ensuring that both parties understand their rights and obligations when delays occur.
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DELAYS IN THE WORK. 4.1) If causes beyond Contractor's control delay the progress of the Work, then Contractor shall be entitled to a Change Order in accordance with Section 5.1, which shall modify the date of Substantial Completion and assess additional charges due to such delay as appropriate. Such causes shall include but not be limited to: changes ordered in the Work; acts or omissions of CUC or separate contractors employed by CUC; actions by CUC to prevent Contractor from performing the Work pending dispute resolution; hazardous and toxic materials; differing site conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes, or unavoidable accidents or circumstances; and any causes that are beyond the control and without the fault of Contractor. Contractor shall be entitled to additional compensation and an extension of time for all events or actions that are in whole or in part caused by CUC. At minimum, Contractor shall be entitled to an extension of time and equitable adjustment in compensation for all delay events that are beyond its control
DELAYS IN THE WORK. 6.3.1 If causes beyond the Contractor's control delay the progress of the Work, then the date of Substantial Completion and Cost of the Work shall be modified by Change Order as appropriate. Causes beyond Contractor's control shall include but not be limited to: changes ordered in the Work, acts or omissions of the Owner or separate contractors employed by the Owner, the Owner preventing the Contractor from performing the Work pending dispute resolution, Hazardous Materials, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes, or unavoidable accidents or circumstances. Delays by Subcontractors are not delays beyond Contractor's control. The Contractor's remedy shall be limited to an extension of time and reimbursement of those compensable costs set forth in paragraph 8.2. plus Contractor's fee.
6.3.2 Notwithstanding anything herein or elsewhere contained to the contrary, this Project is a "fast track" construction project, and Contractor acknowledges that the Contract Documents do not include 100% complete Contract Drawings, it being understood that plans are being drawn and developed during the Construction Phase. The Contractor is not responsible for any delays caused by incomplete Contract Drawing or Documents. If the Contractor is delayed due to the Contract Drawings or Documents, the Contractor shall be entitled to a time extension to the date of substantial completion and additional compensation as provided in paragraph 6.
DELAYS IN THE WORK. 6.3.1 Delays and time extensions shall be administered as provided in Article 10 of Book 2.
DELAYS IN THE WORK. 6.3.1 If causes beyond the Contractor’s control delay the progress of the Work, then the Contract Price and/or the date of Substantial Completion shall be modified by Change Order as appropriate. Such causes shall include but not be limited to: changes ordered in the Work, acts or omissions of the Owner or separate contractors employed by the Owner, the Owner preventing the Contractor from performing the Work pending dispute resolution, Hazardous Materials, except those Hazardous Materials arising under article 3.3.7, differing site conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes, or unavoidable accidents or circumstances.
6.3.2 In the event delays to the project are encountered for any reason, the parties agree to undertake reasonable steps to mitigate the effect of such delays.
DELAYS IN THE WORK. If causes beyond Clearspan’s control delay the progress of the Work on a Project or Clearspan’s preparation for the performance of that Work in advance of the execution or acceptance of a Work Order addressing the same, if Clearspan shall stop the Work on a Project pursuant to this Agreement or its preparation for the performance of that Work in advance of the execution or acceptance of a Work Order addressing the same or if the Owner shall elect to not proceed with the performance of any Work in advance of the execution or acceptance of a Work Order addressing the same, then the date of Substantial Completion of the Work on that Project shall, if applicable, be modified as appropriate and Owner shall reimburse Clearspan for one hundred twenty percent (120%) of any and all costs and expenses, including without limitation those attributable to Clearspan’s internal resources and personnel costs and for transportation, storage, equipment rental and labor mobilization and remobilization incurred by Clearspan and its affiliates and subcontractors as a result of such delay, termination of Work or election to not proceed. Such causes beyond Clearspan’s control shall include but not be limited to: changes ordered in the Work on that Project, acts or omissions of any party other than Clearspan, inclusive of other parties performing services for Owner or organized labor, failure of any other party to comply with any applicable Governmental Authority, damage or loss to any of the Equipment following its delivery to Owner, the Owner preventing Clearspan from performing the Work on that Project or being in breach of the Contract Documents, the presence at the Worksite for that Project of any substance identified now or in the future as hazardous under any Governmental Authority, any surface, subsurface, aerial or other conditions at the Worksite for that Project which differ from those set forth in any information provided by Owner to Clearspan or which interfere with the performance of the Work on that Project or any Force Majeure Event, as defined in Section 7.4. Owner expressly understands and agrees that Projects, and the Work related thereto, are complex, require the coordination of the performance of the services of other parties, the allocation of Clearspan’s internal resources and significant advance planning for their timely execution and, accordingly, it is reasonable for Clearspan and its affiliates and subcontractors to incur costs and expenses in anticipat...
DELAYS IN THE WORK. 6.3.1 Notwithstanding anything in this Agreement to the contrary, the GMP, the Design-Builder's Fee and Phase 1 Completion Date may be adjusted only and as and to the extent provided for in Sections 6.4, 9.1, 9.4 and 9.7, or as a result of Owner-Caused Delay.
6.3.2 In the event delays to the Project are encountered for any reason, the parties agree to undertake reasonable steps to mitigate the effect of such delays.
DELAYS IN THE WORK. In the event that delays in the Work are encountered for any reason, the Parties agree to undertake reasonable steps to mitigate the effect of such delays. The Redeveloper shall include all anticipated, completed, or occurring delay events in its Infrastructure Project Schedule.
DELAYS IN THE WORK. If causes beyond the PROVIDER's control delay the progress of the Work, then the Contract Price and/or the date of Substantial Completion shall be modified by Change Order as appropriate. Such causes shall include but not be limited to: changes ordered in the Work, acts or omissions of the DEPARTMENT, the DEPARTMENT preventing the PROVIDER from performing the Work pending dispute resolution, Hazardous Materials, differing site conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes, or unavoidable accidents or circumstances.
DELAYS IN THE WORK. If the Contractor is delayed in its work by the acts or neglect of said County, or its employees or those under it by contract or otherwise, or by changes ordered in the Work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, or any other act(s) of God beyond the Contractor’s control, or by delay authorized by the County, or by any cause which the County shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the County may decide. The Contractor’s right to such an extension of time is expressly subject to Contractor’s giving ten (10) days written notice of such claim from the date the Contractor knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right.
DELAYS IN THE WORK. In the event that Subcontractor's performance of the Work is delayed or interfered with, for any reason for which Subcontractor is not responsible, Subcontractor may request an extension of time for performance of the Work. Any such request shall be made in writing within three (3) business days of the occurrence of such delay. Subcontractor shall not be entitled to any increase in the Price of Work or to damages or additional compensation as a consequence of such delays, except to the extent the Contract Documents entitle Contractor to compensation for such delays from Owner, and then only to the extent of any amounts that Contractor may, on behalf of Subcontractor, actually receive from Owner for such delays. Except as provided in the previous sentence, an extension of time shall be Subcontractor's sole and exclusive remedy for delays.