Common use of Claims by the Contractor Clause in Contracts

Claims by the Contractor. § 3.4.1 If Subcontractor defaults in performance of the Work or otherwise commits any act which causes delay to the Prime Contract work or the work of others on the Project, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Any liquidated damages for delay imposed by the Owner or Contractor shall only be assessed against the Subcontractor to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable.

Claims by the Contractor. § 3.4.1 If Subcontractor defaults in performance of the Work or otherwise commits any act which causes delay to the Prime Contract work or the work of others on the Projectwork, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Any liquidated damages for delay imposed by the Owner or Contractor shall only be assessed against the Subcontractor to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable.