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 the Task Order, the Commissioner shall prepare a report analyzing the causes of the delay and determining responsibility for the same. 9.3.1 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 means the Direct Salary Rates for all Assigned Personnel 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. 9.3.2 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.

Responsibility for Delay. In the event the Project is not completed within the timeframe set forth in the Task Order, the Commissioner shall prepare a report analyzing the causes of the delay and determining responsibility for the same. 9.3.1 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 means shall mean the Direct Salary Rates for all Assigned Personnel 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. 9.3.2 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.