Claims For Extension. The contract time may be extended upon written notice and claim of the Contractor to the Owner and the Project Manager. It is, however, expressly agreed that the time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed out-of-doors. For purposes of this Contract, and for purposes of extensions of contract time, the Contractor agrees that it anticipates adverse weather sufficient to prevent work in accordance with the schedule set forth herein below, and the Contractor further agrees that unless it encounters actual adverse weather in excess of those days set forth herein below, it shall not make, nor shall it be entitled to, any extension of the contract time: January – 11 days May – 9 days September – 8 days February – 10 days June – 10 days October – 6 days March – 10 days July – 12 days November – 7 days April – 7 days August – 11 days December – 9 days The Contractor agrees that it shall provide written notice to the Owner and the Project Manager on the day of any adverse weather not anticipated and for which a request for a time extension has been, or will be, made. Said notice shall state with particularity a description of the adverse weather as well as a description of the nature and extent of any delay caused by such weather. Receipt of this notice by the Owner and the Project Manager is a condition precedent to the submission of any claim for an extension of time. Furthermore, the Contractor shall submit a written claim for extension of time within seven (7) days after the occurrence of the adverse weather and such claim shall be supported by such documentation including, but not limited to, official weather reports, as the Owner or the Project Manager may require. To the extent that any of the terms and conditions set forth in this paragraph are in conflict with any of the terms and conditions of this Agreement, the terms and conditions of this paragraph shall govern and control.
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Samples: Construction Contract, Construction Contract, Construction Contract
Claims For Extension. The contract time may be extended upon written notice and claim of the Contractor to the Owner and the Project Manager. It is, however, expressly agreed that the time for completion as stated in the Contract Documents includes due allowance for calendar days on which work cannot be performed out-of-doors. For purposes of this Contract, and for purposes of extensions of contract time, the Contractor agrees that it anticipates adverse weather sufficient to prevent work in accordance with the schedule set forth herein below, and the Contractor further agrees that unless it encounters actual adverse weather in excess of those days set forth herein below, it shall not make, nor shall it be entitled to, any extension of the contract time: January – 11 days May – 9 days September – 8 days February – 10 days June – 10 days October – 6 days March – 10 days July – 12 days November – 7 days April – 7 days August – 11 days December – 9 days The Contractor agrees that it shall provide written notice to the Owner and the Project Manager on the day of any adverse weather not anticipated and for which a request for a time extension has been, or will be, made. Said notice shall state with particularity a description of the adverse weather as well as a description of the nature and extent of any delay caused by such weather. Receipt of this notice by the Owner and the Project Manager is a condition precedent to the submission of any claim for an extension of time. Furthermore, the Contractor shall submit a written claim for extension of time within seven (7) days after the occurrence of the adverse weather and such claim shall be supported by such documentation including, but not limited to, official weather reports, as the Owner or the Project Manager may require. To the extent that any of the terms and conditions set forth in this paragraph are in conflict with any of the terms and conditions of this Agreement, the terms and conditions of this paragraph shall govern and control.
6.3.1 The Contractor accepts the risk that the progress of its work may be delayed, disrupted, interfered with, caused or proceed inefficiently or made more costly for any reason, including where delays are caused by design professionals, the Owner or those for whom the Owner is responsible. Contractor agrees that in the event the progress of its work is delayed, disrupted, interfered with, caused to proceed inefficiently or made more costly for reasons outside of Contractor’s control, as its sole and exclusive remedy, it shall be entitled to an extension of time equal to the length of the period of delay but in no event shall be entitled to additional money or monetary damages. For purposes of this paragraph, all work performed by Contractor or its subcontractors, suppliers, materialmen and laborers are within the Contractor’s control. If Contractor’s work is delayed, disrupted, interfered with, caused to proceed inefficiently or made more costly for reasons within Contractor’s control, then Contractor shall not be entitled to an extension of time and shall at its sole cost and expense accelerate performance as necessary to perform the work within the time required hereto. Contractor waives and releases all claims for delays, disruption, interference or inefficiency
6.3.2 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor’s agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order.
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Samples: Construction Contract
