Common use of Responsibility for Delay Clause in Contracts

Responsibility for Delay. In the event the Project is not completed within the timeframe set forth in Exhibit A, the Commissioner shall prepare a report analyzing the causes of the delay and determining responsibility for the same. 4.4.1 If the report indicates that the Engineer, as a result of its actions or inactions, is responsible for the delay, or any portion thereof, the Commissioner shall deduct, from any amount due and owing to the Engineer under this Contract, the total amount of staffing expenses paid to the Engineer for the period of the delay, or any portion thereof, for which the Commissioner determines the Engineer is responsible. For the purpose of this deduction, staffing expenses shall mean the Direct Salary Rates for all Assigned Employees times the Multiplier for Overhead and Profit. If the amount due and owing to the Engineer under this Contract is less than the total amount of the deduction described herein, the Engineer shall be liable for and agrees to pay the difference upon demand by the Commissioner. 4.4.2 If the Engineer files a dispute regarding its responsibility for the delay, or any portion thereof, the Engineer is obligated, while the dispute is pending, to continue performing any required services pursuant to this Contract, and, if demanded by the Commissioner, to pay the amount described in the paragraph above. 4.4.3 The following shall have no relevance to a determination by the Commissioner that the Engineer is responsible for the delay, or any portion thereof: (a) approval by the Commissioner of any time extension(s), and/or (2) approval by the Commissioner of any revised timeframe for completion. Any such approval(s) by the Commissioner shall not be referred to or offered in evidence by the Engineer or its attorneys in any dispute or proceeding regarding the Engineer’s responsibility for the delay.

Responsibility for Delay. In the event the Project is not completed within the timeframe set forth in Exhibit Athe original Project Schedule (i.e., the Project Schedule submitted by the CM as part of its Proposal for the Contract), the Commissioner shall prepare a report analyzing the causes of the delay and determining responsibility for the same. 4.4.1 4.5.1 If the report indicates that the EngineerCM, as a result of its actions or inactions, is responsible for the delay, or any portion thereof, the Commissioner shall deduct, deduct from any amount due and owing to the Engineer CM under this Contract, the total amount of staffing expenses paid to the Engineer CM for the period of the delay, or any portion thereof, for which the Commissioner determines the Engineer CM is responsible. For the purpose of this deduction, staffing expenses shall mean means the Direct Salary Rates for all Assigned Employees Personnel times the Multiplier for Overhead and Profit. set forth in Exhibit A. 4.5.2 If the amount due and owing to the Engineer CM under this Contract is less than the total amount of staffing expenses paid to the deduction described hereinCM for the period of the delay, or any portion thereof, for which the Commissioner determines the CM is responsible, the Engineer CM shall be liable for and agrees to pay the difference upon demand by the Commissioner. 4.4.2 4.5.3 If the Engineer CM files a dispute regarding its responsibility for the delay, or any portion thereof, the Engineer CM is obligated, while the dispute is pending, to continue performing any required services pursuant to this Contract, and, if demanded by the Commissioner, to pay the amount described in the paragraph above. 4.4.3 4.5.4 The following shall have no relevance to a determination by the Commissioner that the Engineer CM is responsible for the delay, or any portion thereof: (a) approval by the Commissioner of any time extension(s), and/or (2) approval by the Commissioner of any revised timeframe for completionProject Schedule. Any such approval(s) by the Commissioner shall not be referred to or offered in evidence by the Engineer CM or its attorneys in any dispute or proceeding regarding the EngineerCM’s responsibility for the delay.