Guaranteed Completion Dates definition
Examples of Guaranteed Completion Dates in a sentence
If the progress of the Work does not conform to the Project Schedule, Owner may instruct Design-Builder to revise the Project Schedule, showing the modifications necessary to achieve completion within the Guaranteed Completion Date(s).
Upon receipt of the COP, or a request for equitable adjustment in the Contract Sum or Guaranteed Completion Date(s), or both, as provided in Articles 9 and 10, Owner may accept or reject the proposal, request further documentation, or negotiate acceptable terms with Design-Builder.
Design-Builder shall not be entitled to an adjustment in the Guaranteed Completion Date(s) for any events that occurred more than fourteen (14) days before Design-Builder’s written notice to Owner.
The computation of any adjustments to the Guaranteed Completion Date(s) as the result of any Change Order, or of any Design-Builder request for equitable adjustment under Section 8.6, or any other event or reason, shall be as set forth in Article 10.
If such conditions differ materially and cause a change in Design-Builder’s cost of, or time required for, performance of any part of the Work, Design-Builder may be entitled to an equitable adjustment in the Guaranteed Completion Date(s) or Contract Sum, or both, provided it makes a request therefor as provided in Section 8.6.
Any requests by Contractor for an equitable adjustment in the Contract Sum and in the Guaranteed Completion Date(s) that arise out of the same event(s) shall be submitted together.
Within thirty (30) days of the occurrence of the event giving rise to the request for an extension to the Guaranteed Completion Date(s), unless Owner agrees in writing to allow an additional period of time to ascertain more accurate data, Design-Builder shall supplement the written notice provided in accordance with Section 10.4 with additional supporting data.
If Design-Builder claims that the suspension has affected either the Contract Sum or Guaranteed Completion Date(s), Design-Builder shall be entitled to submit a request for adjustment in accordance with Articles 8, 9 and/or 10, as applicable.
In case of a dispute regarding the application of the provisions of this Article 10, including any dispute as to whether an Excusable Delay has occurred, either Party shall have the right to submit the dispute for resolution pursuant to Article 11, and Design-Builder shall bear the burden of proof, by clear and convincing evidence, in establishing its entitlement to adjustments to the Guaranteed Completion Date(s) and its entitlement to relief under this Article 10.
Owner’s review and approval of the Project Schedule shall not be construed as relieving Design-Builder of its complete and exclusive control and responsibility over the means, methods, sequences and techniques for executing the Work and does not constitute approval or acceptance of Design-Builder’s ability to complete the Work within the Guaranteed Completion Date(s).