Common use of Time and Schedule Clause in Contracts

Time and Schedule. Time is of the essence in the performance and completion of the Work pursuant to the Subcontract and this Agreement. Subcontractor shall commence and complete the Work in accordance to the Job Schedule established by the Contractor or the Owner, and Subcontractor acknowledges that it is familiar with such Job Schedule. Subcontractor agrees to complete the entire contract and provide necessary workmen to do the said job within the period of time required, or allotted by the Contractor so that Contractor is not held up on project. It is the intention of the parties that the Subcontractor shall be responsible for completion of the entire job within the time allotted for the work to be completed by the General Contractor and it shall be Subcontractor’s duty and responsibility to schedule the work so that overtime or extra personnel is not necessary. In the event that Subcontractor falls behind the Job Schedule such that, in the sole and reasonable judgment of Contractor, it appears that Subcontractor will not complete the work on a Project within the established Job Schedule, or that Subcontractor will not complete identifiable portions of the Work within the Job Schedule required for completion of that/those portion(s) of the Work, then Subcontractor shall, upon written request of Contractor, work overtime, additional shifts, or adopt such other procedures as may be necessary to restore adherence to the Job Schedule. The full cost of any such overtime work, additional shifts, etc. and/or other procedures shall be borne wholly by Subcontractor. In executing this Agreement and any Work Order, Subcontractor covenants and specifically agrees for itself and for each subcontractor, employee, labourer, mechanic, material and equipment supplier and all other persons acting through or under Subcontractor that no claim or claims shall be filed, asserted and/or maintained by it, them or any of them against Contractor, Architect, Landlord or any other Subcontractors for damages or monetary/financial losses incurred as a result of delays in the work of another Subcontractor. Subcontractor shall cause this covenant to be inserted in and made a part of each and every subcontract that it executes with respect to the Work. Delays, if claimed by Subcontractor and considered justifiable by Contractor will be balanced by an extension of time to the required completion date of the Work concerned. Subcontractor for itself and for each subcontractor acting through it thereunder further covenants and agrees to accept such extension(s) without increase in the applicable Contract Sum. In the event Subcontractor is delayed at any time in the progress of the Work for any reason, such extension(s) of time shall be Subcontractor's sole remedy for such delay, unless same shall have been caused by the intentional interference of Contractor with Subcontractor's performance of the Work and where such intentional interference continues for a period of more than seven (7) days after Subcontractor's notice to Contractor of such intentional interference. Contractor's exercise of any of its rights under this Agreement or any Work Order regarding changes in the Work, regardless of the extent or number of such changes, or Contractor’s exercise of any of its rights or remedies, including, but not limited to, the right to take over and/or continue the Work or require correction or re-execution of any portion of the Work, shall not under any circumstances be construed as intentional interference with Subcontractor’s performance of the Work. Claim for extension of time shall be made to Contractor in writing within forty-eight (48) hours of the event -giving rise to such claim. If Subcontractor fails to make such claim in writing within said forty-eight (48) hour period, then the claim for an extension of time based on such event shall be deemed waived.

Time and Schedule. Time is of the essence essence. The time for completion of Subcontractor's Work shall be as set forth in the performance and completion of Work Authorization Form, or if no time is specified therein, as indicated by the Work pursuant to milestones, durations and/or activities contained in Contractor’s schedule for the Subcontract and this AgreementProject. Subcontractor shall commence and complete the Work in accordance conform to the Job Schedule established by the Contractor or the Owner, and Subcontractor acknowledges that it is familiar with such Job Schedule. Subcontractor agrees to complete the entire contract and provide necessary workmen to do the said job within the period of time required, or allotted by the Contractor so that Contractor is not held up on project. It is the intention of the parties that the Subcontractor shall be responsible for completion of the entire job within the time allotted for the work to be completed by the General Contractor and it shall be SubcontractorContractor’s duty and responsibility to progress schedule the work so that overtime or extra personnel is not necessary. In the event that Subcontractor falls behind the Job Schedule such that, in the sole and reasonable judgment of Contractor, it appears that Subcontractor will not complete the work on a Project within the established Job Schedule, or that Subcontractor will not complete identifiable portions of the Work within the Job Schedule required for completion of that/those portion(s) of the Work, then Subcontractor shall, upon written request of Contractor, work overtime, additional shifts, or adopt such other procedures as may be necessary to restore adherence to the Job Schedule. The full cost of any such overtime work, additional shifts, etc. and/or other procedures shall be borne wholly by Subcontractor. In executing this Agreement and any Work Order, Subcontractor covenants and specifically agrees for itself and for each subcontractor, employee, labourer, mechanic, material and equipment supplier and all other persons acting through or under Subcontractor that no claim or claims shall be filed, asserted and/or maintained by it, them or any of them against Contractor, Architect, Landlord or any other Subcontractors for damages or monetary/financial losses incurred as a result of delays in the work of another Subcontractorrevisions thereto. Subcontractor shall cause this covenant to be inserted in diligently prosecute its Work and made a part of each and every subcontract that it executes with respect to the Work. Delays, if claimed by Subcontractor and considered justifiable by shall not delay Contractor will be balanced by an extension of time to the required completion date of the Work concernedor other subcontractors or suppliers. Subcontractor for itself and for each subcontractor acting through it thereunder further covenants and agrees to accept such extension(s) without increase shall coordinate its Work with other persons involved in the applicable Contract Sum. In the event Subcontractor is delayed at any time in the progress of the Work for any reason, such extension(s) of time shall be Subcontractor's sole remedy for such delay, unless same shall have been caused by the intentional interference of Contractor with Subcontractor's performance of the Work and where such intentional interference continues for a period of more than seven (7) days after Subcontractor's notice to Contractor of such intentional interference. Contractor's exercise of any of its rights under this Agreement or any Work Order regarding changes in the Work, regardless of the extent or number of such changes, or Contractor’s exercise of any of its rights or remedies, including, but not limited to, the right to take over and/or continue the Work or require correction or re-execution of any portion of the Work, shall not under any circumstances be construed as intentional interference with Subcontractor’s performance of the Work. Claim for extension of time shall be made to Contractor in writing within forty-eight (48) hours of the event -giving rise to such claimProject. If Subcontractor fails to make such claim in writing within said forty-eight (48) hour periodmaintain its part of the Contractor’s schedule, it shall, without additional compensation, accelerate the Work as Contractor may direct. Contractor shall have complete control of the premises on which the Work is to be performed and shall have the right to decide the sequence and priority of Subcontractor’s Work and Subcontractor’s employees as compared with other work. If Subcontractor is delayed by the negligence or breach of the Owner or Contractor, by fire or other casualty for which Subcontractor is not responsible, or by labor action not resulting from fault or collusion on the part of the Subcontractor, then Subcontractor may be entitled to a time extension provided that Subcontractor gave written notice within 48 hours of the claim commencement of the delay. To the greatest extent permitted by law, a time extension is Subcontractor’s sole remedy for an extension delay and disruption; however, if Contractor obtains additional compensation from Owner on account of time based on such event delays, Subcontractor shall be deemed waivedentitled to a reasonable portion thereof. If Contractor prosecutes a claim against Owner for delay or claims related to Subcontractor, Subcontractor shall cooperate fully with Contractor and shall pay costs and expenses incurred in connection therewith, including actual attorney's fees. Subcontractor acknowledges that it will have to perform Work in areas occupied by other forces and that it will have to perform its Work in a sequence or manner to accommodate and facilitate the progress of the work as a whole, rather than in the manner most efficient or desirable for Subcontractor. Subcontractor's price is based upon the foregoing, and on Contractor exercising the rights under Sections D and E, as well as those indicated above, and upon Subcontractor having planned to perform its Work under such circumstances. Milestone or completion dates of segments of Subcontractor’s Work within the overall schedule shall be met. Failure to meet such milestone or completion dates shall be considered a breach of contract. To the greatest extent permitted by law, if Subcontractor should default in performance of its Work or otherwise commits an act which causes delay to the Prime Contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained or otherwise incurred by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor's default, actions, or omissions, regardless of whether they are negligent or whether other delays, including those caused by Contractor, are contributory and/or concurrent.