Extension of Time for Practical Completion Clause Samples

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Extension of Time for Practical Completion. Add the following at the end of Sub-Clause ▇.▇▇.
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Extension of Time for Practical Completion. Delete subclauses a(i) and (iii), (b)(ii), (iii), (v), (vi) and (vii).
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Extension of Time for Practical Completion. Clause 35.5 is deleted and substituted with the following: (a) Notwithstanding Clause 35.4A, the Contractor shall be entitled to an extension to the time for Practical Completion only when: (i) it can demonstrate to the satisfaction of the Superintendent that it has been delayed in reaching Practical Completion by a cause in Clause 35.5(c) (having regard to Clauses 35.5(d), (e) and (f)) being a delay which affects the critical path of the Current Program; (ii) the Contract does not prohibit the Contractor from having an Entitlement in relation to that cause; and (iii) it has given all the notices required by, and strictly in accordance with, the requirements of this Clause 35.5. (b) The Contractor shall not be entitled to an extension of time for Practical Completion for a particular delay unless it has satisfied the requirements of Clause 35.5(a) in relation to that delay. (c) Subject to Clauses 35.5(d), (e) and (f) the causes of delay referred to in Clause 35.5(a) are: (i) an act of public enemy, terrorism or a declaration of war; (ii) an earthquake, fire or other catastrophic event by natural causes; (iii) subject to Clause 35.5(e), an industrial action or industrial dispute; (iv) a civil commotion or riot; (v) a Latent Condition; (vi) a direction for a variation where either a direction has been given by the Superintendent in accordance with Clause 40.1A(a) or a notice has been given by the Contractor strictly in accordance with Clause 40.1A(b); (vii) delays by Authorities which a competent and experienced contractor could not reasonably have anticipated at the time the Contract is signed, except if the delay A. relates to an Approval that under the Contract is the responsibility of the Contractor to obtain; or B. in the opinion of the Superintendent, the Contractor failed to take proper and reasonable steps both to preclude or minimise the occurrence of the delay; or C. is a delay by a local government authority (including regional or city municipal council) where the delay arose from the failure of the Contractor to comply with a requirement referred to in clause 14. (viii) an order of a court which restrains the Contractor from or disrupts the Contractor in carrying out the Works (except where the order arises as a consequence of a breach of a duty owed at law by the Contractor to any person); (ix) any material breach of the Contract by the Principal; (x) any act or omission of the Superintendent, or any employee, subcontractor or agent of the Super...
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Extension of Time for Practical Completion. This Clause has been amended as follows: (a) A new second paragraph has been added to require the Principal to notify the Superintendent if anything which the Principal is obliged to do or provide under the Contract may be delayed, with a corresponding obligation on the Superintendent to notify the Contractor of such likely delay. This obligation is currently absent in the 1986 edition. This approach— • better defines roles and responsibilities; • improves the important flow of information; and • allows for better project planning. (b) Minor changes have been made to the list of causes for delay which may lead to an extension of time set out in paragraphs (a) and (b) of Clause 35.5. In particular an additional Clause ‘(x) any breach of the Contract by the Principal’ has been added to make it clear that a breach by the Principal may give a right to an extension of time. This approach more clearly defines a consequence of possible actions by the Principal. Licensed to ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ on 15 May 2009. 1 user personal user licence only. Storage, distribution or use on network prohibited (10027310). (c) An important Clause has been added dealing with concurrent delays. The 1986 edition was silent on concurrent delays and the interpretation of the document was such that if any delay beyond the control of the Contractor caused a delay to the Contractor then (notwithstanding concurrent delay caused by the Contractor) the Contractor was nevertheless entitled to an extension of time as of right for the period that other cause of delay delayed the Contractor. This also had consequential cost ramifications because if one of those concurrent delays was due to a breach of contract by the Principal, the Principal was liable to pay damages under Clause 36 notwithstanding the fact that the Contractor may also have been contributing to the delay. This anomaly has now been corrected and the document strengthened, especially for Principals (and for Contractors also) as it will encourage Contractors to ensure that Contractor caused delays are removed as soon as possible. The Clause now provides that where there is more than one event causing delay and one of those events is not a cause which might lead to an extension of time, then the Contractor will not be entitled to an extension of time. This approach— • should encourage increased efficiency by Contractors; • removes a serious anomaly in the 1986 edition and thereby improves the clarity of document; and • should greatly mi...
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Extension of Time for Practical Completion. When it becomes evident to the Contractor that anything, including an act or omission of the Principal, the Superintendent or the Principal’s employees, consultants, other contractors or agents, may delay the work under the Contract, the Contractor shall promptly notify the Superintendent in writing with details of the possible delay and the cause. When it becomes evident to the Principal that anything which the Principal is obliged to do or provide under the Contract may be delayed, the Principal shall give notice to the Superintendent who shall notify the Contractor in writing of the extent of the likely delay. If the Contractor is or will be delayed in reaching Practical Completion by a cause described in the next paragraph and within 28 days after the delay occurs the Contractor gives the Superintendent a written claim for an extension of time for Practical Completion setting out the facts on which the claim is based, the Contractor shall be entitled to an extension of time for Practical Completion. The causes are— (a) events occurring on or before the Date for Practical Completion which are beyond the reasonable control of the Contractor including but not limited to— industrial conditions; inclement weather; Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract (b) any of the following events whether occurring before, on or after the Date for Practical Completion— (i) delays caused by— — the Principal; — the Superintendent; — the Principal’s employees, consultants, other contractors or agents; (ii) actual quantities of work being greater than the quantities in the B▇▇▇ of Quantities or the quantities determined by reference to the upper limit of accuracy stated in the Annexure (otherwise than by reason of a variation directed under Clause 40); (iii) latent conditions;
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Extension of Time for Practical Completion. (a) Subject to Clauses 19.4 and 19.5, if: (i) a Delay Event occurs on or before the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by the Date for Practical Completion by that Delay Event; or (ii) an Tetra Tech-caused Delay or a Variation (other than a Variation requested by the Contractor for its own convenience under Clause 18.6 or a Variation that is necessary due to a breach of the Contract by the Contractor) occurs after the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by that Tetra Tech-caused Delay or Variation; or (iii) a DFAT-caused Delay occurs on or before the Date for Practical Completion and the Contractor is or will be delayed in achieving Practical Completion by the Date for Practical Completion, and in respect of which Tetra Tech has been granted an extension of time under the Head Contract, and within 10 Business Days from the date on which the Contractor reasonably became aware of the relevant Delay Event, the Contractor gives Tetra Tech a written claim for an extension of time to the Date for Practical Completion setting out: (iv) the facts on which the claim is based; and (v) the period for which an extension of time is claimed, and including all necessary supporting documentation and an updated Contractor’s Program (“Extension of Time Claim”), then the Contractor will be entitled to an extension of time for Practical Completion. (b) If a Delay Event continues for a period longer than 20 Business Days from the time it commenced, the Contractor may amend any Extension of Time Claim given to Tetra Tech by submitting a revised Extension of Time Claim to Tetra Tech in respect of such continuing delay. (c) Where more than one event causes concurrent delays and the cause of at least one of those events, but not all of them, is not a Delay Event, then to the extent that the delays are concurrent, the Contractor is not entitled to an extension of time to the Date for Practical Completion. (d) Notwithstanding Clause 19.3(c), but subject to Clauses 19.4 and 19.5, the Contractor will be entitled to an extension of time if the concurrent delay occurs after the Date for Practical Completion and the cause of the delay is an Tetra Tech-caused Delay or a Variation (other than a Variation requested by the Contractor for its own convenience under Clause 18.6 or a Variation that is necessary due to a breach of the Contract by the Contracto...
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Related to Extension of Time for Practical Completion

  • Extension of time for completion (i) Without prejudice to any other provision of this Agreement for and in respect of extension of time, the Contractor shall be entitled to extension of time in the Project Completion Schedule (the “Time Extension”) to the extent that completion of any Project Milestone is or will be delayed by any of the following, namely: (a) delay in providing the Right of Way of Construction Zone, environmental clearances or approval of railway authorities, specified in Clause 3.1 (iv); (b) Change of Scope (unless an adjustment to the Scheduled Completion Date has been agreed under Article 13); (c) occurrence of a Force Majeure Event; (d) any delay, impediment or prevention caused by or attributable to the Authority, the Authority's personnel or the Authority's other contractors on the Site; and (e) any other cause or delay which entitles the Contractor to Time Extension in accordance with the provisions of this Agreement. (ii) The Contractor shall, no later than 15 (fifteen) business days from the occurrence of an event or circumstance specified in Clause 10.5 (i), inform the Authority’s Engineer by notice in writing, with a copy to the Authority, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for Time Extension in accordance with the provisions of this Agreement. Provided that the period of 15 (fifteen) business days shall be calculated from the date on which the Contractor became aware, or should have become aware, of the occurrence of such an event or circumstance. Provided further that notwithstanding anything to the contrary contained in this Agreement, Time Extension shall be due and applicable only for the Works which are affected by the aforesaid events or circumstances and shall not in any manner affect the Project Completion Schedule for and in respect of the Works which are not affected hereunder. (iii) On the failure of the Contractor to issue to the Authority’s Engineer a notice in accordance with the provisions of Clause 10.5 (ii) within the time specified therein, the Contractor shall not be entitled to any Time Extension and shall forfeit its right for any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice as specified in this clause 10.5 (iii), the Authority shall be discharged from all liability in connection with the claim. (iv) The Authority’s Engineer shall, on receipt of the claim in accordance with the provisions of Clause 10.5 (ii), examine the claim expeditiously within the time frame specified herein. In the event the Authority’s Engineer requires any clarifications to examine the claim, the Authority’s Engineer shall seek the same within 15 (fifteen) days from the date of receiving the claim. The Contractor shall, on receipt of the communication of the Authority’s Engineer requesting for clarification, furnish the same to the Authority’s Engineer within 10 (ten) days thereof. The Authority’s Engineer shall, within a period of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor its determination of Time Extension. Provided that when determining each extension of time under this Clause 10.5, the Authority’s Engineer shall review previous determinations and may increase, but shall not decrease, the total Time Extension. (v) If the event or circumstance giving rise to the notice has a continuing effect: (a) a fully detailed claim shall be considered as interim; (b) the Contractor shall, no later than 10 (ten) days after the close of each month, send further interim claims specifying the accumulated delay, the extension of time claimed, and such further particulars as the Authority’s Engineer may reasonably require; and (c) the Contractor shall send a final claim within 30 (thirty) days after the effect of the event or the circumstance ceases. Upon receipt of the claim hereunder, the Authority’s Engineer shall examine the same in accordance with the provisions of Clause 10.5 (iv) within a period of 30 (thirty) days of the receipt thereof

  • TIME OF COMMENCEMENT AND COMPLETION 2.1 The Contractor shall commence the Work upon the date established in the Notice to Proceed. 2.2 The Contractor shall achieve Final Completion, as defined in Section 105.01, Contract Time, Notice of Contract Execution and Notice to Proceed of the Loudoun County Revisions to the ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ & Bridge Specifications, Division I - General Provisions, within one hundred and eighty (180) calendar days from the date specified in the Notice to Proceed. This time period shall be designated the Contract Time. The Notice to proceed will be issued approximately than thirty (30) days after the execution of this agreement. The Contractor agrees that the time for completion of the Work as described in the Contract Documents shall govern unless specifically amended in writing by the County, and that no claims for early completion are allowed to be presented by the Contractor to the County. 2.3 The County specifies that time is of the essence under this Contract. Time being of the essence, it is essential to the County that Contract work will be completed within the Contract Time. The County and the Contractor agree that damages for failure to complete the work within the Contract Time are not susceptible to exact determination but that $600 per day is in proportion to the actual loss that the County would suffer from such delay. Therefore, the Contractor will pay the County on demand $600 per day for each and every day beyond the one hundred and eighty (180) calendar days, or modified date of completion, that the County determines that work is not complete, as damages caused by such delay and not as a penalty. The County shall be entitled to offset liquidated damages against any sum owed by the County to the Contractor under this Contract. 2.4 The amount of liquidated damages set forth in Articles 2.3 above shall be assessed cumulatively. This provision for liquidated damages does not bar County's right to enforce other rights and remedies against Contractor, which are otherwise legally enforceable, including but not limited to, specific performance or injunctive relief. 2.5 The Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

  • Time for Completion The Contractor shall deliver the material and/or services called for in the specifications/proposal and within the delivery time specified and in accordance with the terms of the contract. Work shall be completed within 30 days from the Notice to Proceed issued by the City of Sparks Purchasing Division. The Contractor shall not alter or vary any terms or conditions contained or incorporated herein, including but not limited to, the quantity, price, delivery date or date designated as After Receipt of Order (ARO) or date for commencement or completion of services as mutually agreed upon, unless such alteration or variation is consented to in writing by a duly authorized representative of the City. The City reserves the right to cancel resultant Contract upon ten days written notice in the event the type and quality of the product or work performance is unsatisfactory or in default, subject to Contractor’s right to cure as outlined in termination clause. This is a non-exclusive Contract and the City reserves the right to acquire the material and/or services at its discretion, from other sources during the term of this Contract.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

  • Extension of Time Limits The time limits referred to in this Article may be extended by mutual agreement of the parties in writing.