Common use of Weather Delays Clause in Contracts

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month. 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested. 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month.Standard 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement Purchasing Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested. 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement Purchasing Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month. 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested.the 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month. 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement PurchasingProcurement Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested. 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement PurchasingProcurement Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month. 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested.Inclement 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.

Weather Delays. Unusually severe weather conditions which prevent or inhibit the Contractor’s performance of the Work are referred to in this Article 15 as “Inclement Weather” and are more specifically defined below. The Contract Period may be adjusted to account for Inclement Weather, but only if (i) there has been strict compliance by Contractor with all claims submission requirements and other requirements of the Contract Documents related to time extensions; and (ii) the following definition of “Inclement Weather” is satisfied: 15.6.1. Inclement Weather is defined as the occurrence of one or more of the following conditions within a twenty-four (24) hour period that prevents Work shown on the Construction Schedule as planned for performance at that time which is directly affected by such weather conditions or by impact on access to the Site: (i) Precipitation (rain, snow, or ice) in excess of one-tenth inch (0.10”) liquid measure; (ii) Temperatures that do not rise above that required for the Day’s planned Work, if such temperature requirement is specified or accepted as standard industry practice; or (iii) Sustained wind in excess of twenty-five (25) m.p.h. 15.6.2. Monthly Assumed Inclement Weather Days also are herein referred to as the Standard Baseline. The Standard Baseline for purposes of factoring the Monthly Assumed Inclement Weather Days into the Project Schedule is four calendar days per month. Standard Baseline Inclement Weather is included in the Work, is to be included in any schedule for the Work developed by Contractor, and shall not form any basis for an extension of Contract Time. The Standard Baseline is not cumulative. Any portion of the Standard Baseline not applied to an Inclement Weather delay approved by APS in any month shall not be carried forward to any subsequent month.form 15.6.3. In accordance with the Notice and claims submittal requirements of this Article 15, as a condition precedent to consideration of or entitlement to any Inclement Weather time extension, the Contractor shall: 15.6.3.1. Notify the Owner’s Representative, if one has been designated, and the Procurement Purchasing Agent in writing of the occurrence of Inclement Weather within forty-eight hours after the onset of such Inclement Weather. Such notice shall identify itself as a Notice of claim for Inclement Weather delay, shall describe in reasonable detail the type of Inclement Weather encountered by the Contractor and the activities on the Contractor’s previously established project schedule thereby interfered with or interrupted, and shall estimate the duration of the delay and of the extension requested. 15.6.3.2. Submit to the Owner’s Representative if there be one designated and to the Procurement Purchasing Agent a statement of the actual time extension requested in strict compliance with Article 15.2. 15.6.3.3. For purposes of any claim for delay based on Inclement Weather, each Inclement Weather Day claimed shall constitute a separate occurrence and the Contractor shall comply with the foregoing claim submittal requirements for each Day of Inclement Weather claimed. 15.6.3.4. Compliance with the foregoing conditions precedent shall not of itself establish entitlement to a time extension for Inclement Weather but failure to comply shall be a bar to any such time extension. 15.6.4. If the basis for an extension of time for Inclement Weather is established in accordance with all claim submittal requirements, an extension of time on the basis of Inclement Weather may be granted only for the number of Inclement Weather Delay Days in excess of the Standard Baseline for the month of the occurrence. 15.6.5. Any request for an extension of time on the basis of Inclement Weather MUST prove impact to activities on the Contractor’s previously established project schedule in effect at the time of the occurrence. 15.6.6. Inclement Weather may support a time extension only if Inclement Weather prevents planned Work for fifty percent (50%) or more of the Contractor’s scheduled Working Day, the affected construction activities were included in the Day’s schedule, and performance of that Work was directly impacted by the Inclement Weather. 15.6.7. Should the Contractor be granted an extension of time on the basis of Inclement Weather, the Owner may or may not elect to use any of the Owner Float described in Article 15.5 in lieu of granting a time extension.