Common use of Causes of Compensable Delay Clause in Contracts

Causes of Compensable Delay. a. If any of the following listed events results in delays to critical path activities and progress of the work which cumulatively have exceeded the Non-Compensable Delay Period and the Design-Builder has not caused a concurrent delay, such delays shall entitle the Design-Builder to compensation as provided in Section 10.03.3 Compensable Delays. (1) Delays caused by the Commission or the Commission Representative, as described in Section 10.03.1 above; (2) Acts of God, acts of the public enemy, fires, floods, earthquakes, epidemics, quarantine restrictions, labor strikes at the job site, or freight embargoes, provided that the listed causes were not foreseeable and did not result from the fault or negligence of the Design-Builder, and provided further that the Design-Builder has taken reasonable precautions to prevent further delays owing to such causes; (3) Acts (including delays in acting or failure to act) of the State, City or other governmental or regulatory authority, including, without limitation, restraining orders or injunctions requiring that the Work be stopped, delays in permit issuance or occupancy inspection, that are not the result of any fault or negligence of the Design-Builder or any of its Subcontractors; (4) Adverse weather delay days due to adverse weather conditions that when measured monthly are more than 25% more severe than the monthly averages for temperature or precipitation for Chicago (as determined by the National Oceanic & Atmospheric Administration), provided that actual adverse weather delays prevent work on critical path activities for more than 4 hours of a scheduled work day or cause a decrease in the field labor workforce hours on critical path activities of more than 70% on a scheduled work day; and (5) Delays resulting from subsurface or otherwise concealed conditions encountered at the project site which differ materially from those indicated in the contract documents as described in Section 3.04 Site Conditions and Inspection.