Common use of Change of Contract Time Clause in Contracts

Change of Contract Time. 11.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and PROJECT MANAGER within fifteen days of the occurrence of the event-giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless PROJECT MANAGER allows an additional period to ascertain additional accurate data. PROJECT MANAGER shall determine all claims for adjustment in the Contract Time if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefore as provided in Article 11.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 6, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. The CONTRACTOR shall be granted time extensions to the Contract for a period longer than the number of days indicated by month in the table below if rainfall on a given day (measured at a rain gauge site as determined by the Project Manager) is in excess of 1.0 inch and/or site conditions will not permit work on day(s) following a rain in excess of 1.0 inch. Inclement weather and flooding shall not be counted for delays unless Work is scheduled in advance as verified by the PROJECT MANAGER and a legitimate effort is made by the CONTRACTOR to perform that Work. January 2 July 3 February 2 August 4 March 2 September 4 April 4 October 4 May 5 November 4 June 4 December 2 The CONTRACTOR shall furnish all data and analysis to the PROJECT MANAGER to substantiate a claim for Contract time extension on a month-to-month basis with the CONTRACTORS monthly progress payment request. The CONTRACTOR shall not be entitled to any additional monetary consideration for granted time extensions or reimbursement for damages or hindrances because of heavy rainfall or flooding. 11.3 All time limits stated in the Contract Documents are of the essence of the Agreement.

Appears in 4 contracts

Samples: Contract, Contract, Contract

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Change of Contract Time. 11.1 1. The Contract Time may only be changed by a Change Order. Any claim request for an extension in the Contract Time shall be based on written notice made in writing and delivered to OWNER and PROJECT MANAGER and AUGUSTA within fifteen seven (7) calendar days of the occurrence of the event-giving rise to first happening and resulting in the claim. Notice of the extent of the claim with Written supporting data shall will be delivered submitted to PROJECT MANAGER and AUGUSTA within forty-five fifteen (4515) calendar days of after such occurrence unless PROJECT MANAGER the AUGUSTA allows an additional period time. All claims submitted by PLUMBER for adjustments to ascertain additional accurate data. PROJECT MANAGER shall determine all claims for adjustment in the Contract Time if OWNER must set forth in detail the reasons for and CONTRACTOR cancauses of the delay and clearly indicate why the subject delay was beyond PLUMBER’s control or fault. 2. If PLUMBER is delayed at any time in the performance, progress, commencement, or completion of the Work by any act or neglect of AUGUSTA or PROJECT MANAGER, or by an employee of either, or by any separate PLUMBER employed by XXXXXXX, or by changes ordered in the Work, or by labor disputes, fire, unavoidable casualties, utility conflicts which could not otherwise agree. Any change in have been identified or foreseen by PLUMBER using reasonable diligence, or any causes beyond PLUMBER’s control or fault, then the Contract Time resulting from any such claim shall be incorporated in a extended by Change Order. 11.2 The Contract Time will be extended in an amount equal to Order for such reasonable time lost due to delays beyond the control of CONTRACTOR if a claim is made therefore as provided in Article 11.1AUGUSTA may determine. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 6, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. The CONTRACTOR PLUMBER shall be granted entitled to an extension of time extensions to the Contract for a period longer than such causes only for the number of days indicated by month in the table below if rainfall on a given day (measured at a rain gauge site as determined by the Project Manager) is in excess of 1.0 inch and/or site conditions will not permit work on day(s) following a rain in excess of 1.0 inch. Inclement weather delay which AUGUSTA may determine to be due solely to such causes and flooding shall not be counted for delays unless Work is scheduled in advance as verified by the PROJECT MANAGER and a legitimate effort is made by the CONTRACTOR to perform that Work. January 2 July 3 February 2 August 4 March 2 September 4 April 4 October 4 May 5 November 4 June 4 December 2 The CONTRACTOR shall furnish all data and analysis only to the PROJECT MANAGER to substantiate a claim for extent such occurrences actually delay the completion of the Work and then only if PLUMBER shall have strictly complied with all the requirements of the Contract time extension on a month-to-month basis with the CONTRACTORS monthly progress payment requestDocuments. The CONTRACTOR shall not be entitled to any additional monetary consideration for granted time extensions or reimbursement for damages or hindrances because of heavy rainfall or flooding. 11.3 All time limits stated Provided, however, notwithstanding anything in the Contract Documents are to the contrary, no interruption, interference, inefficiency, suspension or delay in the performance, progress, commencement or completion of the essence Work for any cause whatsoever, including those for which AUGUSTA or PROJECT MANAGER may be responsible in whole or in part, shall relieve PLUMBER of its duty to perform or give rise to any right to damages or additional compensation from AUGUSTA. PLUMBER’s sole and exclusive remedy against AUGUSTA for interruption, interference, inefficiency, suspension or delay of any aspect of the AgreementWork shall be the right to seek an extension to the Contract Time in accordance with the procedures set forth herein.

Appears in 1 contract

Samples: Sanitary Sewer Connection Services Agreement

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