Common use of Commencement and Completion of the Work Clause in Contracts

Commencement and Completion of the Work. (1) At Contractor’s sole discretion, Contractor may notify Buyer, including within the Agreement or a Project schedule, of the estimated date of the commencement of the Work and/or of an estimated date of completion of the House. Xxxxx agrees that, notwithstanding any estimated commencement or completion date provided by Contractor, Contractor makes no absolute guarantees as to the date of commencement of the Work, or of substantial or final completion of the House, due to the various uncontrollable variables that can occur in construction. (2) Buyer acknowledges and agrees that Contractor’s Work may be delayed or otherwise affected by reason of weather, fire, Act of God, strike, or the like; delays relating to the actions or omissions by subcontractors and suppliers, including delays in material/deliveries; unanticipated site condition delays; Upgrades, Overages, Additional Work Authorizations, and other Change Orders; delays caused by the actions or omissions of Buyer or Buyer’s agents, including delays by Buyer in selecting Allowance or other items; other delays beyond the control of Contractor; and/or other good faith or good cause delays. The Parties agree that Contractor shall have no liability to Buyer for any of the aforementioned delays and that any such delay shall not be a basis for Buyer to breach this Agreement or refuse to submit any Progress Payment. (3) If Contractor, pursuant to the terms herein, properly elects to stop its Work due to a failure by Buyer to timely make any required payment, or if there is any other delay not the direct fault of Contractor, then Buyer is responsible for all additional costs beyond the Contract Price resulting from such delay or stoppage in the Work, including but not limited to, additional labor costs, costs for winter/weather protection, and any other resulting costs, all of which will result in an upward adjustment of the Contract Price.

Commencement and Completion of the Work. (1) At Contractor’s sole discretion, Contractor may notify Buyer, including within the Agreement or a Project schedule, of the estimated date of the commencement of the Work and/or of an estimated date of completion of the House. Xxxxx Buyer agrees that, notwithstanding any estimated commencement or completion date provided by Contractor, Contractor makes no absolute guarantees as to the date of commencement of the Work, or of substantial or final completion of the House, due to the various uncontrollable variables that can occur in construction. (2) Buyer acknowledges and agrees that Contractor’s Work may be delayed or otherwise affected by reason of weather, fire, Act of God, strike, or the like; delays relating to the actions or omissions by subcontractors and suppliers, including delays in material/deliveries; unanticipated site condition delays; Upgrades, Overages, Additional Work Authorizations, and other Change Orders; delays caused by the actions or omissions of Buyer or Buyer’s agents, including delays by Buyer in selecting Allowance or other items; other delays beyond the control of Contractor; and/or other good faith or good cause delays. The Parties agree that Contractor shall have no liability to Buyer for any of the aforementioned delays and that any such delay shall not be a basis for Buyer to breach this Agreement or refuse to submit any Progress Payment. (3) If Contractor, pursuant to the terms herein, properly elects to stop its Work due to a failure by Buyer to timely make any required payment, or if there is any other delay not the direct fault of Contractor, then Buyer is responsible for all additional costs beyond the Contract Price resulting from such delay or stoppage in the Work, including but not limited to, additional labor costs, costs for winter/weather protection, and any other resulting costs, all of which will result in an upward adjustment of the Contract Price.