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

Commencement and Completion of the Work. A. Time is of the essence of this Agreement. Subcontractor agrees to supply materials, labor and equipment as necessary to commence this Sublet Work when directed by Contractor. Subcontractor shall diligently pursue the completion of its Sublet Work, and coordinate its Sublet Work with that being done on the Project by Contractor and other trades so that its Sublet Work or the work of others shall not be delayed or impaired by any act or omission of an act by Subcontractor. Contractor shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Subcontractor on the premises. B. Contractor may prepare a coordinated Progress Schedule in connection with each Work Release or series of Work Releases; and if it does so, Subcontractor is required to perform its work in accordance with the Progress Schedule (as defined and provided in the Master Agreement). Subcontractor acknowledges that revisions may be made in such Schedule and agrees to make no claim for acceleration or delay by reason of such revisions, including, but not limited to, revisions altering the sequence of Subcontractor’s Work, so long as such revisions are of the type normally experienced in work of this scope and complexity. Should Subcontractor, in the sole and exclusive opinion of Contractor, fail to maintain the progress of the Work, Contractor may direct Subcontractor to take such steps as Contractor deems necessary to improve the rate of progress of the Work, including requiring the Subcontractor to increase the number of shifts and/or overtime operations, days of work, or other remedies, and to submit for approval a schedule demonstrating the manner in which the required rate of progress will be regained, without additional cost to Contractor. Contractor may require Subcontractor to prosecute in preference to other parts of the Work, such part or parts of the Work as Contractor may specify. In the event Subcontractor is unable to maintain progress in accordance with the Schedule by reason of events for which extensions of time are permitted in the Prime Contract, Subcontractor's time for completion shall be extended for such amount of time as Contractor and Subcontractor agree to, provided, that a time extension in at least the same amount of time is given by Owner to Contractor, and further provided, that notification of delay is given as provided herein. This time extension shall be the sole remedy for such delays. Subcontractor shall not be entitled to recover damages from Contractor or Contractor's surety for any delays, which do not result from Contractor’s performance of the Work, or for which Contractor is not fully compensated by Owner. Should Subcontractor cause any other delay to the work of Contractor, or Contractor's other subcontractors, Subcontractor shall be liable for all damages suffered by Contractor on account of such delay(s), including but not limited to any liquidated damages assessed by Owner, Contractor's extended home office overhead and project general conditions costs. Subcontractor shall not be entitled for any damages for delays, arising out of or associated with any delay or hindrance to the Work, regardless of the source of the delay or hindrance including events of Force Majeure, AND EVEN IF SUCH DELAY OR HINDRANCE RESULTS FROM, ARISES OUT OF OR IS DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER FAULT OF THE OWNER. It is intended that this no damages for delay provision be effective regardless of the source. C. Subcontractor shall provide all schedule data and shall provide all periodic schedule update data required by the Prime Contract or by Contractor. Said schedule data shall be consistent with the Progress Schedule in Exhibit E or as attached to the Work Release, or as may be applicable.

Commencement and Completion of the Work. A. Time is of the essence of this AgreementSubcontract. Subcontractor shall prosecute the Work in a prompt and diligent manner whenever such Work, or any part of it, becomes available or at such other time or times as Contractor may direct, and so as to promote the general progress of the construction of the Project. Subcontractor agrees to supply materialsperform the Work in a prompt and diligent manner, labor commencing the several parts thereof at such times and equipment proceeding therewith in such order as necessary to commence this Sublet Work when directed by ContractorXxxxxxxxxx’s Superintendent, and agrees to finish the several parts and the whole of the Work, so that, in conjunction with other trades engaged thereon, it will assure the uninterrupted progress of the Project. Subcontractor shall diligently pursue provide Contractor with scheduling information in a form acceptable to Contractor and shall conform to Contractor’s progress schedules, including any changes made by Contractor in the completion scheduling of work. Subcontractor shall coordinate its work with that of all other contractors, subcontractors, suppliers and/or materialmen so as not to delay or damage their performance. Initial project schedules are preliminary and are intended to show the project duration and general sequences of activities. Project schedules may be revised prior to the start of construction to refine and add activities as needed, and may be revised during construction based on various events affecting the schedule. Subcontractor is to conform to all schedules issued by Owner and/or Contractor. Any issue that may prevent Subcontractor from completing the project schedule as scheduled shall be raised in writing immediately upon discovery of said issues. Subcontractor shall be responsible for each of its Sublet Worksubcontractors’ and materialmen’s compliance with the project schedule. If requested, Subcontractor shall submit and update as required a schedule for their portion of the work. Any work that is required to be in place before Subcontractor’s work can start is to be noted on their schedule. If requested by Contractor, Subcontractor shall submit with each progress billing a current schedule status report indicating if Subcontractor’s work is ahead of, or behind schedule. If behind schedule, Subcontractor shall identify the reasons, and coordinate propose a plan to get back on schedule. In the event Subcontractor fails to maintain its Sublet Work with that being done on part of the Project by Contractor and other trades so that its Sublet Work or Contractor’s schedule, it shall, without additional compensation, accelerate the work of others shall not be delayed or impaired by any act or omission of an act by as Contractor may direct until Subcontractor’s work is in accordance with such schedule. Contractor shall have complete control of the premises on which the work is to be performed, unless where controlled by Owner, and shall have the right to decide the time or and order in which the various portions of the Work work shall be installed or and the relative priority of the work of Subcontractor and other subcontractors, and, in general, all other matters representing pertaining to the timely and orderly conduct of the work of Subcontractor on the premises. B. Contractor may prepare a coordinated Progress Schedule . Should Subcontractor be delayed in connection with each Work Release the prosecution or series completion of Work Releases; and the work by the act, neglect or default of Owner, Architect, or Contractor, or should Subcontractor be delayed waiting for materials, if it does sorequired by this Contract to be furnished by Owner or Contractor, or by damage caused by fire or other casualty for which Subcontractor is required to perform its work not responsible, or by the combined action of workmen, in accordance with no way caused by or resulting from fault or collusion on the Progress Schedule (as defined and provided part of Subcontractor, or in the Master Agreement)event of a lock-out by Contractor, then the time herein fixed for the completion of the work shall be extended the number of days that Subcontractor has thus been delayed, but no allowance or extension shall be made unless a claim in the form of a proposed Change Order is presented in writing to Contractor within 2 business days of the commencement of such delay or the discovery of the changed circumstance that will lead to delay, whichever is earlier, and under no circumstances shall the time of completion be extended to a date which will prevent Contractor from completing its scope of work within the time allowed Contractor by Owner for such completion. Subcontractor acknowledges that revisions may be made in such Schedule expressly waives any and agrees all rights to make no claim or be entitled to receive any compensation or damages for acceleration failure of Contractor or delay other subcontractors to have related portions of the Work completed in time for the work of the Subcontractor to proceed. No claims for additional compensation or damages for delays, whether caused in whole or in part by reason any conduct on the part of such revisionsContractor, including, but not limited to, revisions altering conduct amounting to a breach of this Agreement, or delays by other subcontractors or Owner, shall be recoverable from Contractor, and the sequence above-mentioned extension of time for completion shall be the sole remedy of Subcontractor’s Work; provided, so long as however, that in the event Contractor obtains additional compensation from Owner on account of such revisions are delays, Subcontractor shall be entitled to such portion of the type normally experienced in work of this scope and complexity. Should Subcontractor, in additional compensation so received by Contractor from the sole and exclusive opinion of Contractor, fail to maintain the progress Owner as is equitable under all of the Work, Contractor may direct Subcontractor to take such steps as Contractor deems necessary to improve the rate of progress of the Work, including requiring the Subcontractor to increase the number of shifts and/or overtime operations, days of work, or other remedies, and to submit for approval a schedule demonstrating the manner in which the required rate of progress will be regained, without additional cost to Contractor. Contractor may require Subcontractor to prosecute in preference to other parts of the Work, such part or parts of the Work as Contractor may specifycircumstances. In the event Subcontractor is unable believes it has suffered damages arising out of a project delay caused by the Owner or Architect, Subcontractor shall submit a claim to maintain progress Contractor within ten (10) days of the discovery of such event giving rise to such delay or pursuant to any claim provisions found within the Contract Documents, whichever provisions are more stringent. Contractor, in accordance its sole discretion, may pass the claim on to the Owner for consideration. Failure of Subcontractor to submit a timely claim shall waive any right to damages Subcontractor may have arising from the Owner caused delay. The Owner’s decision regarding the claim shall be final. In the event that Contractor prosecutes a claim against Owner for additional compensation for any delay, Subcontractor shall cooperate fully with the Schedule by reason of events for which extensions of time are permitted Contractor in the Prime Contractprosecution thereof and shall pay costs and expenses incurred in connection therewith, including actual attorney’s fees, to the extent that said claim is made by Contactor at the request of Subcontractor's time for completion shall be extended for such amount of time as Contractor and Subcontractor agree to, provided, that a time extension in at least the same amount of time is given by Owner to Contractor, and further provided, that notification of delay is given as provided herein. This time extension shall be the sole remedy for such delays. Subcontractor shall not be entitled to recover damages from Contractor or Contractor's surety for any delays, which do not result from Contractor’s performance of the Work, or for which Contractor is not fully compensated by Owner. Should Subcontractor cause any other delay to the work of Contractor, or Contractor's other subcontractors, Subcontractor shall be liable for all damages suffered by Contractor on account of such delay(s), including but not limited to any liquidated damages assessed by Owner, Contractor's extended home office overhead prepare and project general conditions costs. Subcontractor shall not be entitled for any damages for delays, arising out of or associated with any delay or hindrance to the Work, regardless of the source of the delay or hindrance including events of Force Majeure, AND EVEN IF SUCH DELAY OR HINDRANCE RESULTS FROM, ARISES OUT OF OR IS DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER FAULT OF THE OWNER. It is intended that this no damages for delay provision be effective regardless of the source. C. Subcontractor shall provide all schedule data and shall provide all periodic schedule update data obtain approval as required by the Prime Contract Documents for all shop drawings, details, samples, and do all other things necessary and incidental to the prosecution of its work in conformance with Contractor’s progress schedule. If Subcontractor shall deviate from the plans and specifications for the purpose of providing “or by Contractor. Said schedule data equal” materials, Subcontractor does so at its own risk, and no additional time shall be consistent with the Progress Schedule in Exhibit E provided for added approval or as attached to the Work Release, or as may be applicablepermitting for those materials.

Commencement and Completion of the Work. A. Time is of the essence of this Agreement. Subcontractor agrees to supply materials, labor and equipment as necessary to commence this the Sublet Work when directed by Contractor. Subcontractor shall diligently pursue the completion of its the Sublet Work, and coordinate its Sublet Work with that being done on the Project by the Contractor and other trades so that its it’s Sublet Work or the work of others shall not be delayed or impaired by any act or omission of an act by Subcontractor. Contractor shall have the right to decide the time or order in which the various portions of the Work shall be installed or the priority of the work of other subcontractorsSubcontractors, and, and in general, all matters representing the timely and orderly conduct of the work of Subcontractor Subcontractors on the premises. B. Contractor may prepare a coordinated Progress Schedule in connection with each Work Release or series of Work Releases; , and if it does so, Subcontractor is required to perform its work in accordance with the Progress Schedule (such schedule as defined and provided in the Master Agreement). Subcontractor acknowledges that revisions it may be made in such Schedule and agrees to make no claim for acceleration or delay reasonably modified by reason of such revisions, including, but not limited to, revisions altering the sequence of Subcontractor’s Work, so long as such revisions are of the type normally experienced in work of this scope and complexity. Should Subcontractor, in the sole and exclusive opinion of Contractor, fail to maintain the progress of the Work, Contractor may direct Subcontractor to take such steps as Contractor deems necessary to improve the rate of the progress of the Work, including requiring the Subcontractor to increase the number of shifts and/or and/ or overtime operations, days of work, or other remedies, and to submit for approval a schedule demonstrating the manner in which the required rate of progress will be regained, without additional cost to Contractor. Contractor may require Subcontractor to prosecute do other work in preference to other parts of the Work, such part or parts of the Work as Contractor may specify. In the event Subcontractor is unable to maintain progress in accordance with the Schedule by reason of events for which extensions of time are permitted in the Prime Contractschedule, Subcontractor's ’s time for completion shall may be extended for such amount of time as Contractor and Subcontractor agree toto in writing, provided, that a time extension in at least the same amount of time is given by Owner to Contractor, and further provided, . Notification of delay must be given even if Subcontractor believes that notification the cause of delay is given as provided hereinnot its own. In such event, the Contractor, in its sole discretion, may grant more time. This time extension shall be the sole remedy for such delays. , Subcontractor shall not be entitled to recover any other damages from Contractor or Contractor's surety for any delays, which do not result from Contractor’s performance of the Work, or for which Contractor is not fully compensated by Owner. Should Subcontractor cause any other delay to the work of Contractor, or Contractor's other subcontractors, Subcontractor shall be liable for all damages suffered by Contractor on account of such delay(s), including but not limited to any liquidated damages assessed by Owner, Contractor's extended home office overhead and project general conditions costs. Subcontractor shall not be entitled for any damages for delays, arising out of or associated with any delay or hindrance to the Work, regardless of the source of the delay or hindrance including events of Force Majeure, AND EVEN IF SUCH DELAY OR HINDRANCE RESULTS FROM, ARISES OUT OF OR IS DUE, IN WHOLE OR IN PART, TO THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER FAULT OF THE OWNER. It is intended that this no damages for delay provision be effective regardless of the source. C. Subcontractor shall provide all schedule data and shall provide all periodic schedule update data required by the Prime Contract Contract, or by Contractor. Said schedule data shall be consistent with the Progress Schedule in Exhibit E or as attached to the Work Release, or as may be applicable.