Claims for Additional Cost or Time. All claims for additional cost or time shall be made by request for a change order submitted as provided herein. If Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner or the Architect or of any employee of either or by any separate contractor employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond Contractor's control or by delay authorized by the owner pending resolution of disputes, and such delay extends the completion date, the Substantial Completion shall be extended by Change Order for such reasonable time as the Construction Team may determine. Only delays which are determined to materially affect the critical path schedule for the Project will result in a time extension.
Claims for Additional Cost or Time. All claims for additional cost or time shall be made by request for a change order submitted as provided in Article 16. If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner or the Architect or of any employee of either or by any separate contractor employed by the Owner or by any changes ordered in the work or by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager's control or by delay authorized by the owner pending resolution of disputes, and any such delay affects the critical path of the work as reflected on the most recent Master Project Schedule or revision thereto under the PMIS, the Substantial Completion date shall be extended by Change Order for such reasonable time as the Construction Team may determine. Only delays which are determined to extend the critical path for the schedule for constructing the project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. Should events occur during the performance of the project which would justify granting the Construction Manager a time extension under any of the above circumstances causing delay, the Construction Manager shall be entitled to receive only such time extension as is determined by the Project Architect-Engineer to be due the Construction Manager as follows:
1. In the event the currently published construction schedule indicates completion at or after the contractually established date for Substantial Completion, any time extension shall only be added to the contractually established date for Contract Completion.
2. The Project Architect-Engineer shall determine its recommendation as to time extensions which shall be determined by application of that portion of delay time directly affecting the critical path of the current accepted construction schedule.
3. The Construction Manager may not receive a time extension or additional compensation for any delay unless such delay is noted by the Construction Manager on the first construction schedule submitted after the Construction Manager knows or should know of the cause for such delay and the Construction Manager has provided information to the Owner and Project Architect- Engineer as to corrective action to offset such delay.
4. The Owner will not be obligated to grant time extensions nor the Project Architect- Engineer obligated to ...
Claims for Additional Cost or Time. 16.1 Limitation on and Operation of Design/Builder Claims.
.1 Design/Builder and Owner understand and agree that the Fixed Contract Price cannot increase, unless Owner specifically orders a Change to the Project pursuant to Article 15 of this Agreement, or unless Design/Builder encounters a condition or situation within the risk assumed by the Owner under Paragraph 9.2 of this Agreement. In the event Design/Builder believes it is entitled to make claims to increase the Fixed Contract Price or to extend the Contract Time, such claims must be made in strict compliance with this Article 16.
.2 The procedures of this Article relating to claims of the Design/Builder are understood to be a construction management tool of Owner. The use of the term “claim” in this Article does not constitute an error, omission, or inappropriate conduct by either party.
Claims for Additional Cost or Time. For any claim for an increase in the Contract Price and/or an extension in the date of Substantial Completion, the Contractor shall give the Owner written notice of the claim within twenty-one (21) days after the occurrence giving rise to the claim or within twenty-one (21) days after the Contractor first recognizes the condition giving rise to the claim, whichever is later. Except in an emergency, notice shall be given before proceeding with the Work. Claims for design and estimating costs incurred in connection with possible changes requested by the Owner, but which do not proceed, shall be made within twenty-one (21) days after the decision is made not to proceed. Any changes in Contract Price and/or date of Substantial Completion resulting from such claim shall be authorized by Change Order.
Claims for Additional Cost or Time. All claims for additional cost or time shall be made by request for a change order submitted as provided in Article 16. If the Construction Manager is delayed at any time in the progress of the work by any act or neglect of the Owner or the Architect or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager's control or by delay authorized by the owner pending resolution of disputes, and such delay extends the completion date, the Substantial Completion shall be extended by Change Order for such reasonable time as the Construction Team may determine. Only delays which are determined to extend the critical path for the schedule for constructing the Project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time.
Claims for Additional Cost or Time. All claims for additional cost or time shall be made by request for a Change Order submitted as provided in this Agreement. Subject to the provisions of paragraph 8.1.2(a)(ii) above, if the Construction Manager is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect or of any employee of either or by any separate Construction Manager employed by the Owner or by any changes ordered in the Work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes beyond the Construction Manager ’s control, or by delay authorized by the Owner pending resolution of disputes, and such delay extends the Contract Time, the Contract Time shall be extended by Change Order for such reasonable time as the Construction Team may determine. Only delays which are determined to extend the critical path for the schedule for constructing the Project will result in a time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time. Minor Changes in the Project - The Architect-Engineer will have authority to order minor changes in the Project not involving an adjustment in the Guaranteed Maximum Price or an extension of the Contract Time and not inconsistent with the intent of the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be determined by the Construction Team. Changes shall be approved by the Project Director and Architect- Engineer.
Claims for Additional Cost or Time. 6.2.1 If the Construction Manager wishes to make a claim for an increase in the Guaranteed Maximum Price, an increase in his fee in accordance with Subparagraph 5.4.4., or an extension in the Substantial Completion Date, he must give the owner written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice must be given by the Construction Manager before proceeding to execute any Work, except in an emergency endangering life or property in which case the Construction Manager will act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay must be made within a reasonable time after the delay. No such claim will be valid unless so made.
6.2.2 Claims for extension of time because of unusual inclement weather will be granted only because such inclement weather prevented the execution of major items of work on normal working days. Unusual inclement weather as used herein means unusually severe weather which is beyond the normal weather recorded and expected for the locality and/or the season or seasons of the year. Time extensions may also be granted for any day following a period of
6.2.3 Time extensions may be granted for rain days in any month when the cumulative number of rain days during that month exceeds the number expected as shown in the Rainfall Table provided the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one-one hundredth (.01) inch of rain and one (1.0) inch of snow pellets during a 24-hour period. The number of rain days expected for each month during the term of the Contract is provided by the National Oceanic and Atmospheric Administration based on recorded information reported from Xxxxxx/Xxxx Xxxxx Xxxxxxxxxxxxx Xxxxxxx, Xxxxx, latitude 32° 53' 47" N, longitude 97° 02' 28" W, elevation (ground) 559 ft., for the period of 1971-2000 as shown in the Rainfall Table as follows:
6.2.4 No additional payment, Change Order or extension of time will be provided to the Construction Manager because of hindrances or delays from any cause which is the fault of Construction Manager or Construction Manager's Trade Contractors or under Construction Manager's control whether such hindrances or delays be avoidable or unavoidable. Claims for extension of time and/or payment of General Conditions, Construction Phase Services and Construction Management Fee will be considered because ...
Claims for Additional Cost or Time. 6.2.1. If the Construction Manager wishes to make a claim for an increase in the Guaranteed Maximum Price, an increase in his fee in accordance with Subparagraph 5.4.4., or an extension in the Substantial Completion Date, he must give the owner written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice must be given by the Construction Manager before proceeding to execute any Work, except in an emergency endangering life or property in which case the Construction Manager will act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay must be made within a reasonable time after the delay. No such claim will be valid unless so made.
6.2.2. Claims for extension of time because of unusual inclement weather will be granted only because such inclement weather prevented the execution of major items of work on normal working days. Unusual inclement weather as used herein means unusually severe weather which is beyond the normal weather recorded and expected for the locality and/or the season or seasons of the year. Time extensions may also be granted for any day following a period of precipitation during which muddy conditions exist and prevent the performance of major items of work conducted on normal working days. Time may be granted for weather days over and above the normal rains days as outlined below.
6.2.3. Time extensions may be granted for rain days in any month when the cumulative number of rain days during that month exceeds the number expected as shown in the Rainfall Table provided the rainfall prevented the execution of major items of work on normal working days. A rain day is defined as a day when rainfall exceeds one-one hundredth (.01) inch of rain and one (1.0) inch of snow pellets during a 24-hour period. The number of rain days expected for each month during the term of the Contract is provided by the National Oceanic and Atmospheric Administration based on recorded information reported from Huntsville, Texas, for the period of 1981-2000 as shown in the Rainfall Table as follows: January 10 calendar days February 9 calendar days March 9 calendar days April 6 calendar days May 8 calendar days June 10 calendar days July 8 calendar days August 7 calendar days September 8 calendar days October 8 calendar days November 9 calendar days December 10 calendar days
6.2.4. No additional payment, Change Order or extension of time will be provided to the Const...
Claims for Additional Cost or Time. 9.2.1 If the Contractor wishes to make a claim for an increase in Guaranteed Maximum Price, or increase in his Fee or an extension in the Contract Time Schedule, he shall give the Owner written notice thereof within a reasonable time after the occurrence of the event, giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay shall be made within a reasonable time after the delay. Increases based upon design and estimating costs with respect to possible changes requested by the Owner shall be made within a reasonable time after the decision is made not to proceed with the change. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Guaranteed Maximum Price, the Contractor’s Fee or Contract Time Schedule, it shall be determined pursuant to mediation. Any change in the Guaranteed Maximum Price, the Contractor’s Fee or Contract Time Schedule resulting from such claim shall be authorized by Change Order.
Claims for Additional Cost or Time. 15.2.1 If the Contractor is entitled, under the terms of the Contract, to make a claim for an increase in the Contract Amount, Contract Time or any other claim, he shall give the Architect and the Owner written notice thereof within twenty (20) days after the Contractor has become aware of an occurrence of an event giving rise to such claim. Any notice other than one made for an extension of the Contract Time shall be given by the Contractor before proceeding to execute the Work which is the subject matter of the claim, except in an emergency endangering life or property, in which case the Contractor shall proceed in accordance with Subparagraph 13.3.1. All claims shall be made as provided in Subparagraph 12.4.4 within the time limits prescribed herein, and no such claim shall be valid unless so made. To be effective, any change in the Contract Amount or Contract Time resulting from such claim shall be approved by the Owner and authorized by Change Order.
15.2.2 If the Contractor claims that additional cost or time is involved because of: .1 any written interpretation issued pursuant to Subparagraph 4.11.5, .2 any order by the Architect or the Owner to stop the Work pursuant to Subparagraph 5.2.11 where the Contractor was not at fault, or .3 any written order for a minor change in the Work issued pursuant to Subparagraph 15.3, the Contractor shall make such claim as provided in Paragraph 15.2.
