Common use of ENTITLEMENT TO CHANGE OF CONTRACT TIME Clause in Contracts

ENTITLEMENT TO CHANGE OF CONTRACT TIME. 1. The Contract Time may only be changed by Change Order and all time limits stated in the Contract are of the essence of the Contract. 2. The Contract Time will be adjusted in an amount equal to the time lost on the critical path of the Project due to the following: a. Changes in the Work ordered by the County; b. Acts or neglect by the County, or its agents, employees or consultants, acts or neglect of utility owners, acts or neglect of other Contractors performing other Work under contract with the County, provided Contractor has fully and completely performed its responsibilities under the Contract, including but not limited to, its cooperation and coordination responsibilities required by the Contract; c. Fires, floods, epidemics, abnormal weather conditions, beyond the parameters otherwise set forth in this Section 1.15.B, earthquakes, civil or labor disturbances, strikes, or acts of God, provided damages resulting therefrom are not the result of Contractor's failure to properly protect the Work as required by the Contract. 3. The Contract Time shall not be extended for any cause identified in Section 1.15.B.2 above, however, unless: a. Contractor actually has been prevented from completing any part of the Work within the Contract Time due to delay that is beyond Contractor’s control and due to reasons for which Contractor is not responsible. (In this regard, delays attributable to and within the control of a Subcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor); b. A claim for delay is made as provided herein; and c. Contractor submits a time impact evaluation that demonstrates actual delay to critical Work activities that actually delay the progress of the Work in the amount of time requested.

ENTITLEMENT TO CHANGE OF CONTRACT TIME. 1. A. The Contract Time may only be changed by Change Order or by Contract Modification, and all time limits stated in the Contract Documents are of the essence of the ContractContract Documents. 2. B. The Contract Time will be adjusted in an amount equal to the time lost on the critical path of the Project due to the followingto: a. 1. Changes in the Work ordered by the CountyOwner; b. 2. Acts or neglect by the CountyOwner, Architect/Engineer, any Owner representative, utility owners or its agents, employees or consultants, acts or neglect of utility owners, acts or neglect of other Contractors contractors performing other Work under contract with work, in breach of their responsibilities established in the CountyContract Documents, provided that Contractor has fully and completely performed its responsibilities under the Contract, including but not limited to, its cooperation and coordination responsibilities required by the Contract;Contract Documents; or c. 3. Fires, floods, epidemics, abnormal weather conditions, conditions beyond the parameters otherwise set forth in this Section 1.15.Bsubparagraph, earthquakes, civil or labor disturbances, strikes, strikes or acts of God, provided damages resulting therefrom are not the result of Contractor's ’s failure to properly protect the Work as required by the ContractContract Documents. 3. C. The Contract Time shall not be extended for any cause identified in Section 1.15.B.2 above, however, unless: a. 1. Contractor actually has been prevented from completing any part of the Work within the Contract Time due to delay that is beyond Contractor’s control and due to reasons for which Contractor is not responsible. responsible (In this regard, delays attributable to and within the control of a Subcontractorsubcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor); b. 2. A claim for delay is made as provided herein; and c. 3. Contractor submits a time impact evaluation Time Impact Evaluation as required under Section 01 3230 (Progress Schedules and Reports) that demonstrates actual delay to critical Work activities that actually delay the progress of the Work in the amount of time requested. D. Where Contractor is prevented from completing any part of the Work within the Contract Time due to delay beyond the control of both Owner and Contractor (including, but not limited to, adverse weather of all types and acts of other contractors or utilities), an extension of Contract Time, in an amount equal to the time lost due to such delay (without compensation), shall be Contractor’s sole and exclusive remedy for such delay. E. Delays due to abnormal or adverse weather conditions shall not exceed thirty - six ( 36) calendar days per year. Adverse weather delays may be allowed only if the number of workdays of adverse weather exceeds these parameters on a monthly basis, and Contractor proves that adverse weather actually caused delays to work that is on the critical path. Contractor shall give written notice of intent to claim an adverse weather day within one Day of the adverse weather day occurring. Claims due to adverse weather, when approved, shall be excusable but not compensable. F. In order to qualify as an adverse weather delay with respect to the foregoing parameters, daily rainfall must exceed one (1) inch as measured by the National Oceanic & Atmospheric Administration weather station closest to the Project. G. Adverse weather delay for precipitation shall be recognized for the actual period of time Contractor proves it was delayed by precipitation exceeding the specified parameters. For example, and not by way of limitation, if precipitation exceeding the specified parameters does not in fact delay Contractor’s progress on the critical path, then no time extension shall be recognized; and conversely, if Contractor proves to Owner’s satisfaction that precipitation exceeding the specified parameters causes delay to Contractor for a period longer than the number of precipitation days incurred (e.g., if it rains or snows during grading work), then Contractor shall be entitled to a time extension equal to the actual period of such delay. H. Contractor shall include the foregoing precipitation parameters as a monthly activity in its progress schedule. As Work on the critical path is affected by precipitation, Contractor shall notify Owner and request that the days be moved to the affected activities. Any adverse weather days remaining shall be considered Project float. I. Contractor shall take reasonable steps to mitigate potential weather delays, such as dewatering the Site, and covering Work and material that could be affected adversely by weather. Failure to do so shall be cause for Owner to not grant a time extension due to adverse weather, where Contractor could have avoided or mitigated the potential delay by exercising reasonable care.

ENTITLEMENT TO CHANGE OF CONTRACT TIME. ‌ 1. The Contract Time may only be changed by Change Order and all all-time limits stated in the Contract are of the essence of the Contract. 2. The Contract Time will be adjusted in an amount equal to the time lost on the critical path of the Project due to the following: a. Changes in the Work ordered by the County;County;‌ b. Acts or neglect by the County, or its agents, employees or consultants, acts or neglect of utility owners, acts or neglect of other Contractors performing other Work under contract with the County, provided Contractor has fully and completely performed its responsibilities under the Contract, including but not limited to, its cooperation and coordination responsibilities required by the Contract; c. Fires, floods, epidemics, abnormal weather conditions, beyond the parameters otherwise set forth in this Section 1.15.B, earthquakes, civil or labor disturbances, strikes, or acts of God, provided damages resulting therefrom are not the result of Contractor's failure to properly protect the Work as required by the Contract. 3. The Contract Time shall not be extended for any cause identified in Section 1.15.B.2 Section 1. 15.B.2 above, however, unless: a. Contractor actually has been prevented from completing any part of the Work within the Contract Time due to delay that is beyond Contractor’s control and due to reasons for which Contractor is not responsible. (In this regard, delays attributable to and within the control of a Subcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor); b. A claim for delay is made as provided herein; and c. Contractor submits a time impact evaluation that demonstrates actual delay to critical Work activities that actually delay the progress of the Work in the amount of time requested.

ENTITLEMENT TO CHANGE OF CONTRACT TIME. ‌ 1. The Contract Time may only be changed by Change Order and all time limits stated in the Contract are of the essence of the Contract. 2. The Contract Time will be adjusted in an amount equal to the time lost on the critical path of the Project due to the following: a. Changes in the Work ordered by the County; b. Acts or neglect by the County, or its agents, employees or consultants, acts or neglect of utility owners, acts or neglect of other Contractors performing other Work under contract with the County, provided Contractor has fully and completely performed its responsibilities under the Contract, including but not limited to, its cooperation and coordination responsibilities required by the Contract; c. Fires, floods, epidemics, abnormal weather conditions, beyond the parameters otherwise set forth in this Section 1.15.B, earthquakes, civil or labor disturbances, strikes, or acts of God, provided damages resulting therefrom are not the result of Contractor's failure to properly protect the Work as required by the Contract. 3. The Contract Time shall not be extended for any cause identified in Section 1.15.B.2 above, however, unless: a. Contractor actually has been prevented from completing any part of the Work within the Contract Time due to delay that is beyond Contractor’s control and due to reasons for which Contractor is not responsible. (In this regard, delays attributable to and within the control of a Subcontractor, or its subcontractors, or supplier shall be deemed to be delays within the control of Contractor); b. A claim for delay is made as provided herein; andand‌ c. Contractor submits a time impact evaluation that demonstrates actual delay to critical Work activities that actually delay the progress of the Work in the amount of time requested.