Common use of Time of Performance, Scheduling and Coordination Clause in Contracts

Time of Performance, Scheduling and Coordination. A. Time: Time is of the essence of this Subcontract. B. Compliance With Schedule: Subcontractor shall commence preparatory and planning work immediately upon execution of this Subcontract Agreement and shall timely mobilize its forces to the project site in order to commence its work in accordance with Contractor’s progress schedule. Contractor will prepare a progress schedule that will permit Contractor to substantially complete the work in accordance with the time stated in the Contract Documents. Subcontractor shall diligently prosecute its work in accordance with Contractor’s progress schedule and all revisions thereto, it being expressly understood that Contractor has agreed to meet a date of Substantial Completion for the Project as defined in the Contract Documents, and that Contractor has undertaken that obligation to the Owner in reliance upon Subcontractor’s ability and promise to timely perform its work in accordance with the progress schedule. If Subcontractor, in the opinion of Contractor, fails to satisfactorily maintain the progress of the Work, Contractor may, upon 24 hours written notice, direct Subcontractor to cure the issues impeding Subcontractor’s progress and to take such steps as Contractor deems necessary to improve the rate of progress of the Work, including requiring Subcontractor to increase the number of shifts and/or to pursue overtime operations, and to submit for approval a schedule demonstrating the manner in which the required rate of progress will be regained, all without additional cost to Contractor. If Subcontractor fails to timely respond to Contractor’s direction to cure the deficiencies impeding the rate of progress of Subcontractor’s Work, Contractor may proceed as provided in Article XX. C. Contractor’s Delay Damages: Subcontractor shall be liable for any damages for delay sustained by Contractor caused directly or indirectly by Subcontractor, including, but not limited to, damages, liquidated or otherwise, for which Contractor is liable to the Owner.