Common use of Owner-Caused Delay Clause in Contracts

Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, Contractor shall give Owner written notice describing the details of the Owner-Caused Delay, the anticipated length of such delay and any other effect on Contractor’s performance of its obligations hereunder. Contractor shall provide to Owner reasonable evidence of the occurrence and duration of such Owner-Caused Delay. So long as the conditions set forth in this Section 8.1.9 are satisfied, Contractor shall not be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in completing the Work in accordance with the Project Schedule or achieving any Guaranteed Completion Date if and to the extent that such failure has been caused by one or more Owner-Caused Delays, provided that (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Owner-Caused Delay, and (ii) Contractor provides all assistance reasonably requested by Owner for the elimination or mitigation of the Owner-Caused Delay. In the event Contractor claims an Owner-Caused Delay, it shall be entitled to a Scope Change pursuant to Section 9.10 and Contractor shall be entitled to suspension of performance or extension of time (including an extension of the Guaranteed Completion Dates), together with an increase in the Agreement Price equal to its demonstrated, justified and reasonable additional costs incurred by reason of such delay plus an aggregate amount of ten percent (10%) for overhead and profit, to the extent agreed upon by both Parties pursuant to a Scope Change Order in accordance with Article 9.