Claims for Time Extensions. 1. The time during which the Contractor is delayed in the performance of the Work by the acts or omissions of the County, the Architect or Engineer or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes (not to exceed the actual duration of the strike), riots, civil commotion or freight embargoes, or other conditions beyond the Contractor's control and which the Contractor could not reasonably have foreseen and provided against, shall be added to the time for completion of the Work (i.e., the Contract Time) stated in the County β Contractor Agreement; however, no claim by the Contractor for an extension of time for delays will be considered unless made in compliance with the requirements of 108.04 and other provisions of the Contract Documents. 2. The County shall not be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the County on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, its subcontractors, or sub-subcontractor's or any other person may incur as a result of (a) any delays, reasonable or unreasonable, foreseeable or unforeseeable which are either not caused by the acts or omissions of the County, its agents or employees or which arise from or out of (or due to) causes not within the control of the County, its agents or employees, or (b) any reasonable delay regardless of its cause, it being understood and agreed that the Contractor's sole and exclusive remedy in any such events shall be an extension of the Contract Time, but only as determined in accordance with the provisions of the Contract Documents. 3. The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor, including evidence that the cause was beyond his control. It shall be deemed that the Contractor has control over the supply of labor, materials, equipment, methods and techniques of construction and over the subcontractors and suppliers, unless otherwise specified in the Contract Documents. 4. In the event of Changes in the Work, the Contractor must identify any additional time required in the Proposed Change Order. The County need not consider any time extensions for Changes in the Work not included in the Proposed Change Order. 5. No time extensions will be granted as a result of the Contractor's improper or unreasonable scheduling or for the Contractor's failure to have Shop Drawings, Product Data, Samples or Manuals submitted in ample time for review under a reasonable and agreed upon schedule. 6. Delays by subcontractors or suppliers will not be considered justification for a time extension, except for the same valid reasons and conditions enumerated herein. 7. The Contractor acknowledges and agrees that actual delays due to changes, suspension of work or excusable delays, in activities which according to the schedule do not affect the Contract Time will not be considered to have any effect upon the Contract Time and therefore will not be the basis for a time extension. 8. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that: (a) excusable delays exceed the available flexibility in the Contractor's schedule; and (b) Contractor can demonstrate that such excusable delay actually caused, or will cause, delay to the Contractor's schedule that will extend the Contract Time. 9. With respect to Suspensions of Work under 108.05 Suspension of Work by the Engineer herein, the Contractor may be entitled to an extension of the Contract Time not to exceed the length of time that the Work was suspended (unless as determined under this Section and the other requirements of the Contract Documents that a further extension is justified and warranted) if the claim is submitted in accordance with the requirements of this Section, and if the suspension is not due to any act or omission of the Contractor, any subcontractor or sub-subcontractor or any other person or organization for whose acts or omission the Contractor may be liable. The Contractor's claim will be evaluated in accordance with the terms of this Section. 10. The Contractor shall not be entitled to any extension of time for delays resulting from any conditions or other causes unless it shall have given written Notice to the County, within seven (7) calendar days following the commencement of each such condition or cause, describing the occurrence, the activities impacted and the probable duration of the delay. The Contractor's complete claim submittal for a time extension shall be submitted no later than twenty (20) calendar days after cessation of the delay or within such other longer period as the County may agree in writing to allow. 11. No such extension of time shall be deemed a waiver by the County of his right to terminate the Contract for abandonment or delay by the Contractor as herein provided or to relieve the Contractor from full responsibility for performance of his obligations hereunder.
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Claims for Time Extensions. 1. The time during which the Contractor is delayed in the performance of the Work by the acts or omissions of the County, the Architect or Engineer or their employees or agents, acts of God, unusually severe and abnormal climatic conditions, fires, floods, epidemics, quarantine restrictions, strikes (not to exceed the actual duration of the strike), riots, civil commotion or freight embargoes, or other conditions beyond the Contractor's control and which the Contractor could not reasonably have foreseen and provided against, shall be added to the time for completion of the Work (i.e., the Contract Time) stated in the County β Contractor Agreement; however, no claim by the Contractor for an extension of time for delays will be considered unless made in compliance with the requirements of 108.04 and other provisions of the Contract Documents.
2. The County shall not be obligated or liable to the Contractor for, and the Contractor hereby expressly waives any claims against the County on account of any indirect or direct damages, costs or expenses of any nature which the Contractor, its subcontractors, or sub-subcontractor's or any other person may incur as a result of (a) any delays, reasonable or unreasonable, foreseeable or unforeseeable which are either not caused by the acts or omissions of the County, its agents or employees or which arise from or out of (or due to) causes not within the control of the County, its agents or employees, or (b) any reasonable delay regardless of its cause, it being understood and agreed that the Contractor's sole and exclusive remedy in any such events shall be an extension of the Contract Time, but only as determined in accordance with the provisions of the Contract Documents.
3. The burden of proof to substantiate a claim for an extension of the Contract Time shall rest with the Contractor, including evidence that the cause was beyond his control. It shall be deemed that the Contractor has control over the supply of labor, materials, equipment, methods and techniques of construction and over the subcontractors and suppliers, unless otherwise specified in the Contract Documents.
4. In the event of Changes in the Work, the Contractor must identify any additional time required in the Proposed Change Order. The County need not consider any time extensions for Changes in the Work not included in the Proposed Change Order.
5. No time extensions will be granted as a result of the Contractor's improper or unreasonable scheduling or for the Contractor's failure to have Shop Drawings, Product Data, Samples or Manuals submitted in ample time for review under a reasonable and agreed upon schedule.
6. Delays by subcontractors or suppliers will not be considered justification for a time extension, except for the same valid reasons and conditions enumerated herein.
7. The Contractor acknowledges and agrees that actual delays due to changes, suspension of work or excusable delays, in activities which according to the schedule do not affect the Contract Time will not be considered to have any effect upon the Contract Time and therefore will not be the basis for a time extension.
8. The Contractor acknowledges and agrees that time extensions will be granted only to the extent that: (a) excusable delays exceed the available flexibility in the Contractor's schedule; and (b) Contractor can demonstrate that such excusable delay actually caused, or will cause, delay to the Contractor's schedule that will extend the Contract Time.
9. With respect to Suspensions of Work under 108.05 Suspension of Work by the Engineer herein, the Contractor may be entitled to an extension of the Contract Time not to exceed the length of time that the Work was suspended (unless as determined under this Section and the other requirements of the Contract Documents that a further extension is justified and warranted) if the claim is submitted in accordance with the requirements of this Section, and if the suspension is not due to any act or omission of the Contractor, any subcontractor or sub-subcontractor or any other person or organization for whose acts or omission the Contractor may be liable. The Contractor's claim will be evaluated in accordance with the terms of this Section.
10. The Contractor shall not be entitled to any extension of time for delays resulting from any conditions or other causes unless it shall have given written Notice to the County, within seven (7) calendar days following the commencement of each such condition or cause, describing the occurrence, the activities impacted and the probable duration of the delay. The Contractor's complete claim submittal subm ittal for a time extension shall be submitted no later than twenty (20) calendar days after cessation of the delay or within such other longer period as the County may agree in writing to allow.
11. No such extension of time shall be deemed a waiver by the County of his right to terminate the Contract for abandonment or delay by the Contractor as herein provided or to relieve the Contractor from full responsibility for performance of his obligations hereunder.
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