Common use of Prosecution of the Work Clause in Contracts

Prosecution of the Work. The Job Order Contractor shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Job Order Schedule. If the delay is an Inexcusable Delay, as defined below, the Job Order Contractor shall prepare a recovery schedule for the City’s review and approval, showing how the Job Order Contractor will compensate for the delays and achieve Substantial Completion by the date shown on the Job Order Schedule. If the Job Order Contractor is unable to demonstrate how it will overcome Inexcusable Delays, the City may order the Job Order Contractor to employ such extraordinary measures as are necessary to bring the Work into conformity with the date of Substantial Completion set forth therein, the costs of which shall be included as part of the Cost of the Work. If the delay is an Excusable Delay, as defined below, the City shall either: (A) authorize an equitable extension in the Job Order Schedule to account for such delay, and equitably adjust the Job Order Contractor’s compensation on account of such delay; or (B) request that the Job Order Contractor prepare a recovery schedule showing how (if possible) the Job Order Contractor can achieve Substantial Completion by the date shown on the Job Order Schedule, and equitably adjust Job Order Contractor’s compensation in accordance with the Change Order provisions of this Contract related to any extraordinary activities required of the Job Order Contractor on account of such recovery schedule.