Failure to Maintain Schedule Clause Samples
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority is of the opinion that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if ap...
Failure to Maintain Schedule. (a) Without limiting any other provision of this Project Agreement but subject to Article 30, if, at any time:
(i) the actual progress of the Works has fallen significantly behind the Works Schedule; or
(ii) the CTC is of the opinion that:
(A) the actual progress of the Works has fallen significantly behind the Works Schedule; or
(B) Project Co will not achieve Substantial Completion by the Longstop Date, Project Co shall:
(iii) within 5 Business Days of receipt of notice from the CTC, produce and deliver to each of the CTC Representative and the Independent Certifier:
(A) a report identifying the reasons for the delay; and
(B) a plan showing the steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii) and approved by the CTC Representative.
(b) Project Co shall notify the CTC Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
Failure to Maintain Schedule. (a) If Project Co is not meeting the deadlines set out in the Construction Schedule consistent with its obligations under this Project Agreement, then at the written request of Owner or the Consultant, Project Co, and the Project Co Parties as required, shall promptly increase efforts on the Project, including the addition of more personnel to the Project during regular times and during periods of time for which overtime may be required, and if the delay is for any reason other than as described in Sections 22.1(a) and 27.1(a), all expenses and costs incurred as a result shall be borne by Project Co. Any dispute between the parties as to whether Project Co is meeting the deadlines set out in the Construction Schedule shall be resolved in accordance with the provisions of Schedule 14- Dispute Resolution Procedure.
Failure to Maintain Schedule. If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to:
Failure to Maintain Schedule. Without limiting any other provision of this Project Agreement but subject to Article 30, if, at any time:
Failure to Maintain Schedule. (a) Without limiting any other provision of this Agreement, if, at any time:
(i) the actual progress of the D&C Work has, in MDOT’s good faith discretion, significantly fallen behind the Construction Schedule; or (A) key activities of the D&C Work have significantly fallen behind the Construction Schedule; or
Failure to Maintain Schedule. In the event CONTRACTOR fails to maintain part of the progress schedule, CONTRACTOR shall, without additional compensation, accelerate the work as AGENCY may direct until CONTRACTOR's work is in accordance with such schedule.
Failure to Maintain Schedule. 6.5.1 If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to:
6.5.1.1 Increased manpower in such quantities and crafts as will substantially eliminate the backlog of Work.
6.5.1.2 Increase, when permitted, the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment or any combination of the foregoing, sufficient to eliminate the backlog of Work. 6.5.1.3 Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.
Failure to Maintain Schedule. 6.5.1 If, in the opinion of Metro, Contractor falls behind the Construction Schedule or delays the progress of Other Metro Contractors and is not entitled to an extension of time pursuant to the Contract Documents, Contractor shall perform all steps that are necessary, in the opinion of Metro, to bring Contractor's Work into compliance with the Construction Schedule or to remedy any delay to the progress of Other Metro Contractors. Contractor shall submit operation plans to Metro that shall fully demonstrate the manner of intended compliance with this Section. The steps referred to above shall include but not be limited to:
6.5.1.1 Increased manpower in such quantities and crafts as will substantially eliminate the backlog of Work.
6.5.1.2 Increase, when permitted, the number of working hours per shift, shifts per working day, working days per week, or the amount of equipment or any combination of the foregoing, sufficient to eliminate the backlog of Work.
6.5.1.3 Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.
6.5.1.4 Expedite delivery of materials and equipment, such as use of airfreight.
6.5.2 If Metro directs Contractor to take measures described in this Section, or if Contractor takes such measures without direction from Metro, Contractor shall bear all costs of complying. Metro shall, however, reimburse Contractor for reasonable costs of complying if such directive to accelerate from Metro was issued to overcome delay caused by the acts or omissions of Metro or persons acting for Metro, provided Contractor has complied with all applicable provisions of Articles 3 and 8 of these General Conditions.
6.5.3 Failure to maintain the construction schedule or to take action to regain the schedule or to furnish a schedule as outlined in the Specifications may result in withholding all or part of the monthly progress payments.