Common use of Claims For Compensation Due To Delays Or Schedule Interference Clause in Contracts

Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, “ripple effect” costs or “impact” costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner for additional compensation for any delay but not later than two (2) business days after commencement of the delay event, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys’ fees. Contractor’s receipt of any funds from the Owner attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 8 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

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Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, "ripple effect" costs or "impact" costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner for additional compensation for any delay but not later than two (2) business days after commencement of the delay event, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys' fees. Contractor’s 's receipt of any funds from the Owner attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 6 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, “ripple effect” costs or “impact” costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or subcontractors, General Contractor, Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an the above-mentioned extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner General Contractor on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner General Contractor on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner General Contractor as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner General Contractor for additional compensation for any delay but not later than two (2) business days after commencement of the delay eventdelay, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys’ fees. Contractor’s receipt of any funds from the Owner General Contractor attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 5 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Sub Subcontract Agreement

Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, “ripple effect” costs or “impact” costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or subcontractors, General Contractor, Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner General Contractor on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner General Contractor on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner General Contractor as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner General Contractor for additional compensation for any delay but not later than two (2) business days after commencement of the delay event, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys’ fees. Contractor’s receipt of any funds from the Owner General Contractor attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 5 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, “ripple effect” costs or “impact” costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an the above-mentioned extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner for additional compensation for any delay but not later than two (2) business days after commencement of the delay eventdelay, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys’ fees. Contractor’s receipt of any funds from the Owner attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 3 contracts

Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement

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Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, “ripple effect” costs or “impact” costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an the above- mentioned extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner for additional compensation for any delay but not later than two (2) business days after commencement of the delay eventdelay, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys’ fees. Contractor’s receipt of any funds from the Owner attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

Claims For Compensation Due To Delays Or Schedule Interference. No claims for additional compensation or damages for delays or schedule interference, including claims for loss of productivity, disruption, "ripple effect" costs or "impact" costs, whether caused in whole or in part by any conduct on the part of Contractor, other subcontractors or subcontractors, General Contractor, Owner or Architect, or by any other contributing causes, shall be recoverable from Contractor, and an the above-mentioned extension of time for completion shall be the sole and exclusive remedy of Subcontractor; provided, however, that in the event the Contract Documents permit the Contractor to obtain additional compensation from Owner General Contractor on account of a delay, and in the event Contractor does in fact obtain and collect additional compensation from Owner General Contractor on account of a delay, Subcontractor shall be entitled to such portion of the additional compensation so received by Contractor from Owner General Contractor as is equitable under all of the circumstances, so long as Subcontractor has (a) requested in writing that Contractor prosecute a claim against Owner General Contractor for additional compensation for any delay but not later than two (2) business days after commencement of the delay eventdelay, (b) cooperated fully with Contractor in the prosecution therefor, and (c) paid Contractor an equitable amount for costs and expenses incurred by Contractor in connection with bringing such delay claim, including attorneys' fees. Contractor’s 's receipt of any funds from the Owner General Contractor attributable to such a delay claim shall be a condition precedent to any obligation by Contractor to Subcontractor.

Appears in 1 contract

Samples: Sub Subcontract Agreement

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