Claims for Delay. (General Laws, Chapter 30, Section 390 as added by Chapter 116 of the Acts of 1973)
(a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.
(b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing, as soon as practicable after the end of the suspension, delay, interruption of failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act of failure to act involved in the claim.
Claims for Delay. Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer , the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the
Claims for Delay. (General Laws, Chapter 30, Section 390 as added by Chapter 116 of the Acts of 1973)
Claims for Delay. Should AASDI‘s performance, in whole or in part, be delayed, disrupted, accelerated or suspended in the commencement, prosecution or completion of the Services (“Delay”), as a result of the action or inaction of ASD or inaction of any person or entity other than Client, AASDI’s sole remedy against ASD for shall be a reasonable extension of the time for performance in which to complete the SOW and such remedy will be available only to the extent the Delay was not attributable to AASDI’s fault or negligence. For Claims related to a Delay caused by Client’s action or inaction, and solely only to the extent the Delay was not attributable to AASDI’s fault or negligence, AASDI’s sole remedies against ASD shall be: (a) a reasonable extension of the time for performance in which to complete the Services, provided, however that such extension will be available only to the extent that a similar extension of time has been granted to ASD by Client; and (b) to the extent that Client pays amounts to ASD as compensation for the Delay, AASDI shall receive reasonable compensation for such Delay, not to exceed the amount actually received from Client. AASDI shall only be entitled to the remedies specified in this Section 12.2 if AASDI provides ASD written notification of the Delay and cause of Delay within seventy-two (72) hours of the event causing the Delay.
Claims for Delay. (a) If Supplier wishes to request an extension in the delivery date for Products provided in a Purchase Order, written request shall be given to Qwest at the time the delay begins, or within (***) thereafter if the resulting delay was not reasonably foreseeable. The request shall state the circumstances of the occurrence, the justification for the delay and extension of time, and the estimated duration of the delay and extension requested. Supplier shall also be obligated to do all in its power to mitigate the adverse impact of such delay at no additional cost to Qwest.
(b) Supplier agrees that it shall not request extensions of time resulting from normal inclement weather.
(c) An extension of time shall be the sole remedy of Supplier for any delay caused by any reason or occurrence. Subject to Section 8.5, Supplier acknowledges such extension of time to be its sole remedy and agrees to make no claim for damages or added charges of any sort for delay in the performance of this Agreement or any Purchase Order for any reason. Entitlement to any such extension of time shall be subject to compliance with all notice and submission requirements imposed by the Agreement concerning such claims.
Claims for Delay. Subcontractor shall not be entitled to make a claim and shall not make a claim for damages for delay in the performance of its Work occasioned by any act or failure to act of NRC or on account of any adjustment in Subcontractor’s schedule or the Project Schedule more generally. Subcontractor’s sole remedy for any delay shall be a claim for an extension of time to its period of contract performance, and only to the extent that NRC receives such an extension from Owner. If Subcontractor is delayed in the performance of its Work by extraordinary weather conditions or any labor strikes, riots, war, acts of god, or government authorities for reasons other than any act or omission of Subcontractor, Subcontractor may claim an extension of time to complete performance of its Work as provided for herein to the extent that NRC receives such an extension from Owner. Any such request for an extension of time shall be made in accordance with the following paragraph. If Subcontractor believes that any order, directive, condition or circumstance, other than as provided for in this Agreement relating to claims for delay, entitles Subcontractor to an extension of time, Subcontractor shall give to NRC written notice of claim not later than three (3) business days after the occurrence or discovery of the event, condition or circumstance giving rise to the claim and shall, as soon as practicable, furnish sufficient facts in support of Subcontractor’s position as may be necessary for a decision. Any claim by Subcontractor for extra time not so made shall be waived and Subcontractor shall not be entitled to any extension of time as a result thereof. Subcontractor shall be liable to NRC for all liquidated damages or other payments which NRC is obligated to pay Owner on account of delay caused by Subcontractor (“Late Payments”). Subcontractor shall also be liable to NRC for all other costs, expenses or damages (including attorneys’ fees, penalties, and liquidated damages, including the costs for time expended by in-house counsel and other experts) incurred by NRC as a result of a delay by Subcontractor in the performance of its Work herein.
Claims for Delay. The environmental consultant may be left in an anomalous situation in the event that the remedial or abatement contractor's agreement with the owner contains a "no damage for delay" clause. It may well be that the contractor, who is barred from suit against the owner, may wish to xxx the consultant for damages for delay. To guard against this inequity, the owner should be willing to provide the consultant with indemnity coverage against any third-party claims for delay. Recent case law, which establishes this contractor right of action against design professionals, highlights the importance of this protection. As between the consultant and the owner, if the fee arrangement is on a lump-sum basis, it is important that the consultant be given the right to additional compensation if the owner delays or makes the consultant’s performance more difficult or expensive. The "no damage for delay" clause is not appropriately placed in the owner-consultant agreement.
Claims for Delay. (Not included) 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information:
Claims for Delay. (Not included) 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information:
1. A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim;
2. The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident;
3. Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications;
4. Identification of the provisions of the Contract which support the claim and a statement of the reasons why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly have been breached and the actions constituting such breach;
5. A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows:
a. documented additional job site labor expenses;
b. documented additional cost of materials and supplies;
c. a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each;
d. any other additional direct costs or damages and the documents in support thereof;
e. any additional indirect costs or damages and all documentation in support thereof.
6. A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout of the number of days claimed for each identified event, circumstance or occurrence. Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder, and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder. This shall not, however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and ...
Claims for Delay. Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete documentation as described in 5-12.3 and duly certified pursuant to 5-12.9.
