Common use of Time Related Dispute Compensation Clause in Contracts

Time Related Dispute Compensation. 1. As limited by Differing Site Conditions, Suspensions of Work, Significant Changes in the Character of the Work Provisions, the following elements of damage, and only the following elements, will be recoverable by the Contractor as <time related dispute damages= provided that they are actual and reasonable: a. Documented additional or escalated job site labor expenses; b. Documented additional or escalated costs for materials; c. Documented additional or escalated equipment costs less appropriate credits, as such are determined in accordance with this Section; d. Documented costs of extended job-site overhead (field costs, including field supervision); job-site overhead would include job superintendent, office engineer and clerical staff, but would not include working foremen; e. An additional 10 percent of the total of items a, b, c and d for home office overhead and 10% for profit thereon except for the differing site conditions or significant change in character of the work clauses (Differing Site Conditions, Suspensions of Work, Significant Changes in the Character of the Work Provisions, Part (A) (1) and (3)) apply, no anticipated profits shall be allowed and where the suspension of work clause (Part (A) (2)) applies, no profit or anticipated profits shall be allowed; f. Documented additional or escalated insurance and bond costs; g. When the work is performed by a subcontractor, the Contractor shall be paid the actual and reasonable cost of such subcontracted work as outlined above in paragraphs 1(a) through 1(d) and the Contractor's main office overhead and profit shall be figured at 15% and 10% respectively, except for where the differing site conditions or significant change in character of the work clauses ('10.06 (A) (1) and (3)) apply, no anticipated profits shall be allowed and where the suspension of work clause ('10.06 (A) (2)) applies, no profit or anticipated profits shall be allowed; h. The phrase <additional expenses= shall include expenses above or below those normally incurred in the performance of the work, less any appropriate credit. The phrase <escalation expenses= shall include unanticipated higher or lower costs and expenses attributable, with appropriate credits, to the performance of work or portions of work in a different time period than that which was indicated on the Owner approved progress schedule. 2. Equipment, truck or plant rentals, other than small tools: a. Equipment used by the Contractor shall be specifically described by the manufacturer, model number and date of manufacture and be of suitable size and capacity required for the work to be performed. In the event the Contractor elects to use equipment of a higher cost than the equipment suitable for the work, payment will be made at the actual cost rate applicable to the suitable equipment unless otherwise provided for in this section. The Engineer shall determine the suitability of equipment. For purposes of computing Contractor's self-owned equipment, truck or plant costs, the rate used shall be based on the rate listed in the Rental Rate Blue Book published by Dataquest, Inc., with the appropriate adjustments noted in this specification, Part (B) (2). b. In the event that a rate is not established in the Rental Rate Blue Book for Construction Equipment for a particular piece of equipment, truck or plant, the Owner shall establish a rate for ownership costs and operating costs for that piece of equipment, truck or plant that is consistent with its cost and expected life. c. The Contractor shall be reimbursed for its operating costs for self-owned equipment based on actual cost data. Operating costs shall include fuel, lubricants, other operating expendables and preventive and field maintenance. Operating costs do not include the operator's wages. In the event, after documented and demonstrated due diligence, actual operating costs are not ascertainable, then the Contractor will be compensated utilizing not more than 50% of the operating costs set forth in the <Rental Rate Blue Book= and the Contractor shall be reimbursed the product of the number of hours of actual use multiplied by the operating cost per hour. d. The rate for idle equipment and stand-by equipment, shall be based upon the rate of depreciation specified in the Contractor's books and records, or 50% of the rate set forth in the <Rental Rate Blue Book,= published by Dataquest, Inc. with the appropriate adjustments noted in this specification, whichever is greater. In the event the equipment is fully depreciated, the Sponsor will pay the actual ownership costs based upon Sponsor audit of the Contractor's books and records. e. The maximum amount of reimbursement for the ownership costs of Contractor owned or the rental cost of rented equipment, trucks or plant is limited to the original purchase price of the equipment, truck or plant as listed in the Green Guide for Construction Equipment published by the Dataquest, Inc. In the specific event when the ownership or rental reimbursement is limited by the original purchase price, the Contractor shall, nevertheless, be reimbursed for the operating cost per hour for each hour of actual use. f. For purposes of rented equipment, the provisions of this specification, Part (B), New Item Charges, are controlling. 3. The parties agree that, in any dispute for time related damages, the Sponsor will have no liability for the following items and the Contractor further agrees it shall make no claim for the following items: a. Profit, in excess of that provided in this specification, Part (D) (1)(e) and (g); b. Loss of anticipated or unanticipated profit; c. Labor inefficiencies and loss of productivity; d. Home office overhead in excess of that provided in this specification, Part (D) (1)(e) and (g); e. Consequential damages, including but not limited to interest on monies in dispute, including interest which is paid on such monies, loss of bonding capacity, bidding opportunities, or interest on retainage or investment, or any resultant insolvency; f. Indirect costs or expenses of any nature; g. Direct or indirect costs attributable to performance of work where the Contractor, because of situations or conditions within its control, has not progressed in a manner satisfactory to the Engineer. h. Attorneys fees, or claims preparation expenses.