Common use of Commencement and Completion Clause in Contracts

Commencement and Completion. 5.1 The Subcontractor shall commence the Subcontract Works on the date notified by the Contractor in accordance with the requirements stated in the Sub Contract Order and thereafter shall proceed regularly and diligently to carry out and complete the same within the Period for carrying out the Subcontract Works as stated in the Sub Contract Order and in accordance with such programme as may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong to the Contractor. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor fails to maintain reasonable progress of the Subcontract Works the Contractor may, without prejudice to any other rights under these Conditions, after giving 3 days notice to the Subcontractor in writing (which shall include the issue of a notification given by smart phone or e mail) employ its own labour or other contractors to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allow, the Subcontractor shall pay or allow The Contractor his losses and expenses resulting from the delay. 5.9 The provision of this clause 5 shall constitute the parties exclusive remedies for loss and expense associated with delay. 5.10 Until the end of the Maintenance Period referred to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are due to the Subcontractor’s materials or workmanship not being in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will pay or allow to the Contractor the cost of the execution of such work.

Commencement and Completion. 5.1 The Subcontractor shall commence the Subcontract Works on 6.1 Unless otherwise specified in this Agreement, the date notified of commencement of Subcontractor’s Work shall be the date of this Agreement, as first written above, unless provision is made for the date to be fixed in a notice to proceed issued by the Contractor Contractor. 6.2 The Work of this Subcontract shall be performed and completed in accordance with the requirements stated Progress Schedule Requirements attached hereto as Exhibit “C”, and/or Contractor’s schedules, subject to adjustments of this Subcontract Time as provided in the Sub Contract Order Subcontract Documents, it being understood and thereafter agreed that time is of the essence of this Subcontract and any breach of same shall proceed regularly and diligently go to carry out and the essence thereof. 6.3 Subcontractor, in agreeing to complete the same Work within the Period times and sequences herein mentioned, has taken into consideration and made allowances for carrying out all hindrances, delays and adverse working conditions which are or may be incident to its Work. Subcontractor acknowledges and agrees that the times allotted by the Subcontract Works as stated in for the Sub Contract Order performance and in accordance with such programme as may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before Work are reasonable and take into account the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong to the Contractorrisks and adverse conditions assumed by Subcontractor hereunder. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor fails is behind schedule in its Work or is failing, without cause, to maintain reasonable progress of its Work to conform to the general progress of all work for the Project, Subcontractor shall, at its own expense, perform any overtime work, use extra labor, and undertake all other means necessary to bring its Work back on schedule. 6.4 If Subcontractor is responsible for any delay in the prosecution or completion of any Work or causes a disruption of any time, sequence or scheduled work activity of Contractor, Owner, other subcontractors or third parties, Subcontractor shall pay Contractor for all costs and damages suffered by Contractor as a result of such delay or disruption including, without limitation, any actual or liquidated damages assessed against Contractor by the Owner. In the event that any such delay or disruption is caused by the acts, omissions or neglect of Subcontractor and the concurrent acts, omissions or neglect of Contractor, other subcontractors or third parties, Subcontractor agrees to pay Contractor a proportionate share of damages suffered, incurred by or assessed against Contractor, including assessed liquidated damages, as allocated by Contractor, in good faith, between and among Subcontractor and other responsible parties. Such sums may be deducted by Contractor from any unpaid portion of the Subcontract Works Amount, and without limiting the option of Contractor to terminate this Subcontract for default as herein elsewhere provided. 6.5 In the event Subcontractor's performance of the Work is delayed, suspended, hindered or disrupted for any period of time by individual or cumulative acts or omissions of or interference by Owner, Contractor, Architect, other subcontractors or third parties or due to fire or other casualty, or on account of riots or of strikes, or other combined action of workmen or others, or on account of any acts of God, or any other cause whether or not within the Owner's or Contractor's control, Subcontractor may request an extension of time for performance of the Work; provided, that the extension of time granted to Subcontractor shall not under any circumstances exceed the extension of time granted to Contractor therefor. The right to such time extension shall be Subcontractor's sole and exclusive remedy and accordingly, Subcontractor shall not be entitled to claim or recover any increase in the Subcontract Amount or damages or additional compensation of any type whatsoever as a consequence of any such delays, suspensions, hindrances or disturbances, whether or not contemplated by the parties and regardless of the severity or duration thereof. Subcontractor hereby assumes the risk of all suspensions of, delays in, or hindrances to the performance of the Work, regardless of the length thereof, arising from any and all causes whatsoever, including, without limitation, those causes listed above or on account of any circumstances caused or contributed to by Subcontractor. 6.6 Liquidated damages, if any, assessed by the Owner as against the Contractor mayon account of delay caused in whole or in part by any act, without prejudice to any other rights under these Conditionsomission or neglect by the Subcontractor, after giving 3 days notice may be assessed by the Contractor against the Subcontractor to the Subcontractor in writing (which shall include the issue of a notification given by smart phone or e mail) employ its own labour or other contractors to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allow, the Subcontractor shall pay or allow The Contractor his losses and expenses resulting from the delay. 5.9 The provision of this clause 5 shall constitute the parties exclusive remedies for loss and expense associated with delay. 5.10 Until the end of the Maintenance Period referred to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are due to the Subcontractor’s materials or workmanship not being in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good extent caused by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the Contractor then the Contractor may make alternative arrangements or any person or entity for the necessary work to be executed and whose acts the Subcontractor will pay or allow to the Contractor the cost of the execution of such workmay be liable.

Commencement and Completion. 5.1 The 3.1 Subcontractor shall commence the Subcontract Works on Work when and as directed by Contractor and diligently and continuously prosecute and coordinate such Work with such workers, materials and equipment to insure that Contractor, other subcontractors and third parties will not be delayed, interrupted, hindered or disrupted by Subcontractor's activities or operations. and to insure completion of the date notified Project within the time specified by the Contractor any construction schedule dates and/or milestones now or hereafter established in accordance with this Subcontract or other Contract Documents. 3.2 Time is of the requirements stated essence of this Subcontract and any breach of same shall go to the essence thereof. Subcontractor, in the Sub Contract Order and thereafter shall proceed regularly and diligently agreeing to carry out and complete the same Work within the Period times and sequences herein mentioned, has taken into consideration and made allowances for carrying out the Subcontract Works as stated in the Sub Contract Order all hindrances, delays and in accordance with such programme as adverse working conditions which are or may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong incident to the Contractorhis Work. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor is behind schedule in its Work or is failing, without cause, to maintain progress of its Work to conform to the general progress of all work for the Project, Subcontractor shall, at its own expense, perform overtime and/or shift work, use extra labor, and undertake all other means necessary to bring its Work back on schedule 3.3 To xxxxxx the expeditious and efficient construction of the Project, a Project schedule may be developed by Contractor or other third parties to schedule and coordinate the times required for one of more areas, phases or types of work on the Project. Subcontractor shall participate and cooperate in scheduling the times and sequences required in Subcontractor's area of Work and shall perform such Work in accordance with any such schedule and all revisions thereto. Subcontractor shall continuously monitor the construction schedule and advise Contractor of the status of Subcontractor's progress in respect to such schedule at any time Contractor requests Subcontractor to do so. In addition, Contractor, Owner and Architect shall have free and open access to the site of the Project or any other location where any part of the Work may be fabricated or assembled and may observe, test and inspect any element of the Work during the course of construction, fabrication or assembly. Subcontractor shall fully cooperate in connection with all such observations, tests and inspections. Further, Subcontractor shall afford Contractor's separate subcontractors reasonable opportunity for introduction and storage of their materials and equipment and for execution of their work. 3.4 Subcontractor shall immediately notify Contractor of any circumstance which may affect the times and sequences in the schedule, and shall submit all notices, claims and requests for extensions of time in writing to Contractor sufficiently in advance to allow Contractor to forward such requests as required by and in compliance with the procedures and time limitations as set forth in the Contract Documents; but in no event shall such notice be submitted later than ten days after the commencement of the delay or other event giving rise to the notice; otherwise Subcontractor shall not be granted an extension of time or other relief and any right to such extension or other relief, otherwise given to Subcontractor by the Contract Documents, shall be deemed waived. 3.5 Subcontractor shall prepare and submit periodic work reports and other documentation as Contractor may require for the Project. A representative of Subcontractor shall attend all meetings scheduled by Contractor or other third parties for the purpose of scheduling and coordinating activities on this Project, and any such representative attending any such meeting shall be conclusively deemed to have the authority to bind Subcontractor during the course thereof. When Subcontractor is working on site a xxxxxxx of the Subcontractor will be required to attend a daily xxxxxxx’x meeting conducted by the project Superintendent. 3.6 If, in Contractor's opinion, Subcontractor refuses or neglects to supply adequate and competent supervision, or a sufficient number of properly skilled workmen or of materials or equipment of the proper quality or quantity, or fails in any respect to prosecute the Work with promptness and diligence or fails to maintain reasonable progress of perform or fulfill any other obligations provided by the Subcontract Works the Contract Documents, Contractor maymay upon giving 48 hours written notice to Subcontractor, without prejudice to any other rights under these Conditionsremedy Contractor may have, after giving 3 days notice provide any such labor or materials and take such other steps as Contractor may, in its discretion, deem advisable, necessary or expedient to correct or otherwise address such refusal, neglect or failure. In such case, Contractor shall have the Subcontractor in writing (right to deduct the cost thereof from any money due or thereafter to become due from Contractor to Subcontractor, which costs shall include a reasonable allowance for Contractor's overhead and profit. If such costs exceed the issue of a notification given by smart phone amounts then or e mail) employ its own labour or other contractors thereafter due from Contractor to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allowSubcontractor, the Subcontractor shall pay the difference to the Contractor. Contractor’s right to perform such Work, as set forth herein, shall not give rise to a duty on the part of Contractor to exercise such right for the benefit of Subcontractor or allow The other persons or entities. In the event of any such refusal, neglect or failure by Subcontractor, Contractor his losses and expenses resulting from shall also be at liberty to terminate the delayemployment of Subcontractor for default as provided by Article 11 of this Subcontract. 5.9 3.7 If Subcontractor is responsible for any delay in the prosecution or completion of any Work or causes a disruption of any time, sequence or scheduled work activity of Contractor, Owner or other contractors, Subcontractor shall pay Contractor for all costs and damages suffered by Contractor as a result of such delay or disruption including, without limitation, any actual or liquidated damages assessed against Contractor by the Owner. In the event that any such delay or disruption is caused by the acts, omissions or neglect of the Subcontractor and the concurrent acts, omissions or neglect of Contractor, other subcontractors, or other third parties, Subcontractor agrees to pay Contractor a proportionate share of damages suffered, incurred by or assessed against Contractor, including assessed actual or liquidated damages, as allocated by Contractor, in good faith, between and among Subcontractor and other responsible parties. 3.8 In the event Subcontractor's performance of the Work is delayed, suspended, hindered or disrupted for any period of time by individual or cumulative acts or omissions of or interferences by Owner, Contractor, Architect, other subcontractors or other third parties or due to fire or other casualty, or on account of riots or of strikes, or other combined action of workmen or others, or on account of any acts of God, or any other cause whether or not within the Owner's or Contractor's control, Subcontractor may request an extension of time for performance of the Work; provided, that the extension of time granted to Subcontractor shall not under any circumstances exceed the extension of time granted by Owner to Contractor therefore. The provision right to such time extension shall be Subcontractor's sole and exclusive remedy and, accordingly, Subcontractor shall assume the monetary risk which may be occasioned by such delay and shall not be entitled to claim or recover any increase in the Subcontract Amount or damages or additional compensation of this clause 5 shall constitute any type whatsoever as a consequence of any such delays, suspensions, hindrances or disturbances, whether or not contemplated by the parties exclusive remedies for loss and expense associated with delayregardless of the severity or duration thereof. 5.10 Until the end of the Maintenance Period referred 3.9 Contractor may schedule and direct Subcontractor to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are perform additional overtime work not due to the Subcontractor’s materials 's acts, omissions or workmanship not being delays, in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the which case Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will shall pay or allow to the Contractor only the cost of the execution premium portion of such overtime work, without overhead or profit, and Subcontractor agrees to accept such portion in complete settlement of any and all claims for damages, loss, cost or expense caused by or in any way related to overtime conditions or directives. Subcontractor shall bear at its own expense any additional rental or other charge for overtime use of machinery or equipment owned by or leased to Subcontractor or its Sub-subcontractors. Subcontractor's books shall be kept in a manner facilitating Contractor's audit of such adjustments. 3.10 Subcontractor shall, as directed by Contractor and without adjustment in the Subcontract Amount or Time, cease Work at any point and transfer Subcontractor's men, machinery and equipment to such points and execute such portions of the Work in preference to other portions as Contractor may prescribe. 3.11 Contractor is not obligated to notify Subcontractor when to begin, cease or resume work, or to superintend the Work so as to relieve Subcontractor of responsibility for any consequence of neglect or carelessness by it or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interests of the Contractor and all subcontractors concerned to the end that the combined work of all may be properly and fully completed in accordance with scheduling and coordination requirements for the Project.

Commencement and Completion. 5.1 The 3.1 Subcontractor shall commence the Subcontract Works on Work when and as directed by Contractor and diligently and continuously prosecute and coordinate such Work with such workers, materials and equipment to insure that Contractor, other subcontractors and third parties will not be delayed, interrupted, hindered or disrupted by Subcontractor's activities or operations. and to insure completion of the date notified Project within the time specified by the Contractor any construction schedule dates and/or milestones now or hereafter established in accordance with this Subcontract or other Contract Documents. 3.2 Time is of the requirements stated essence of this Subcontract and any breach of same shall go to the essence thereof. Subcontractor, in the Sub Contract Order and thereafter shall proceed regularly and diligently agreeing to carry out and complete the same Work within the Period times and sequences herein mentioned, has taken into consideration and made allowances for carrying out the Subcontract Works as stated in the Sub Contract Order all hindrances, delays and in accordance with such programme as adverse working conditions which are or may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong incident to the Contractorhis Work. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor is behind schedule in its Work or is failing, without cause, to maintain progress of its Work to conform to the general progress of all work for the Project, Subcontractor shall, at its own expense, perform overtime and/or shift work, use extra labor, and undertake all other means necessary to bring its Work back on schedule 3.3 To xxxxxx the expeditious and efficient construction of the Project, a Project schedule may be developed by Contractor or other third parties to schedule and coordinate the times required for one of more areas, phases or types of work on the Project. Subcontractor shall participate and cooperate in scheduling the times and sequences required in Subcontractor's area of Work and shall perform such Work in accordance with any such schedule and all revisions thereto. Subcontractor shall continuously monitor the construction schedule and advise Contractor of the status of Subcontractor's progress in respect to such schedule at any time Contractor requests Subcontractor to do so. In addition, Contractor, Owner and Architect shall have free and open access to the site of the Project or any other location where any part of the Work may be fabricated or assembled and may observe, test and inspect any element of the Work during the course of construction, fabrication or assembly. Subcontractor shall fully cooperate in connection with all such observations, tests and inspections. Further, Subcontractor shall afford Contractor's separate subcontractors reasonable opportunity for introduction and storage of their materials and equipment and for execution of their work. 3.4 Subcontractor shall immediately notify Contractor of any circumstance which may affect the times and sequences in the schedule, and shall submit all notices, claims and requests for extensions of time in writing to Contractor sufficiently in advance to allow Contractor to forward such requests as required by and in compliance with the procedures and time limitations as set forth in the Contract Documents; but in no event shall such notice be submitted later than ten days after the commencement of the delay or other event giving rise to the notice; otherwise Subcontractor shall not be granted an extension of time or other relief and any right to such extension or other relief, otherwise given to Subcontractor by the Contract Documents, shall be deemed waived. 3.5 Subcontractor shall prepare and submit periodic work reports and other documentation as Contractor may require for the Project. A representative of Subcontractor shall attend all meetings scheduled by Contractor or other third parties for the purpose of scheduling and coordinating activities on this Project, and any such representative attending any such meeting shall be conclusively deemed to have the authority to bind Subcontractor during the course thereof. 3.6 If, in Contractor's opinion, Subcontractor refuses or neglects to supply adequate and competent supervision, or a sufficient number of properly skilled workmen or of materials or equipment of the proper quality or quantity, or fails in any respect to prosecute the Work with promptness and diligence or fails to maintain reasonable progress of perform or fulfill any other obligations provided by the Subcontract Works the Contract Documents, Contractor maymay upon giving 48 hours written notice to Subcontractor, without prejudice to any other rights under these Conditionsremedy Contractor may have, after giving 3 days notice provide any such labor or materials and take such other steps as Contractor may, in its discretion, deem advisable, necessary or expedient to correct or otherwise address such refusal, neglect or failure. In such case, Contractor shall have the Subcontractor in writing (right to deduct the cost thereof from any money due or thereafter to become due from Contractor to Subcontractor, which costs shall include a reasonable allowance for Contractor's overhead and profit. If such costs exceed the issue of a notification given by smart phone amounts then or e mail) employ its own labour or other contractors thereafter due from Contractor to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allowSubcontractor, the Subcontractor shall pay the difference to the Owner. Contractor’s right to perform such Work, as set forth herein, shall not give rise to a duty on the part of Contractor to exercise such right for the benefit of Subcontractor or allow The other persons or entities. In the event of any such refusal, neglect or failure by Subcontractor, Contractor his losses and expenses resulting from shall also be at liberty to terminate the delayemployment of Subcontractor for default as provided by Article 11 of this Subcontract. 5.9 3.7 If Subcontractor is responsible for any delay in the prosecution or completion of any Work or causes a disruption of any time, sequence or scheduled work activity of Contractor, Owner or other contractors, Subcontractor shall pay Contractor for all costs and damages suffered by Contractor as a result of such delay or disruption including, without limitation, any actual or liquidated damages assessed against Contractor by the Owner. In the event that any such delay or disruption is caused by the acts, omissions or neglect of the Subcontractor and the concurrent acts, omissions or neglect of Contractor, other subcontractors, or other third parties, Subcontractor agrees to pay Contractor a proportionate share of damages suffered, incurred by or assessed against Contractor, including assessed actual or liquidated damages, as allocated by Contractor, in good faith, between and among Subcontractor and other responsible parties. 3.8 In the event Subcontractor's performance of the Work is delayed, suspended, hindered or disrupted for any period of time by individual or cumulative acts or omissions of or interferences by Owner, Contractor, Architect, other subcontractors or other third parties or due to fire or other casualty, or on account of riots or of strikes, or other combined action of workmen or others, or on account of any acts of God, or any other cause whether or not within the Owner's or Contractor's control, Subcontractor may request an extension of time for performance of the Work; provided, that the extension of time granted to Subcontractor shall not under any circumstances exceed the extension of time granted by Owner to Contractor therefore. The provision right to such time extension shall be Subcontractor's sole and exclusive remedy and, accordingly, Subcontractor shall assume the monetary risk which may be occasioned by such delay and shall not be entitled to claim or recover any increase in the Subcontract Amount or damages or additional compensation of this clause 5 shall constitute any type whatsoever as a consequence of any such delays, suspensions, hindrances or disturbances, whether or not contemplated by the parties exclusive remedies for loss and expense associated with delayregardless of the severity or duration thereof. 5.10 Until the end of the Maintenance Period referred 3.9 Contractor may schedule and direct Subcontractor to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are perform additional overtime work not due to the Subcontractor’s materials 's acts, omissions or workmanship not being delays, in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the which case Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will shall pay or allow to the Contractor only the cost of the execution premium portion of such overtime work, without overhead or profit, and Subcontractor agrees to accept such portion in complete settlement of any and all claims for damages, loss, cost or expense caused by or in any way related to overtime conditions or directives. Subcontractor shall bear at its own expense any additional rental or other charge for overtime use of machinery or equipment owned by or leased to Subcontractor or its Sub- subcontractors. Subcontractor's books shall be kept in a manner facilitating Contractor's audit of such adjustments. 3.10 Subcontractor shall, as directed by Contractor and without adjustment in the Subcontract Amount or Time, cease Work at any point and transfer Subcontractor's men, machinery and equipment to such points and execute such portions of the Work in preference to other portions as Contractor may prescribe. 3.11 Contractor is not obligated to notify Subcontractor when to begin, cease or resume work, or to superintend the Work so as to relieve Subcontractor of responsibility for any consequence of neglect or carelessness by it or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interests of the Contractor and all subcontractors concerned to the end that the combined work of all may be properly and fully completed in accordance with scheduling and coordination requirements for the Project.

Commencement and Completion. 5.1 The 3.1 Subcontractor shall commence the Subcontract Works on Work when and as directed by Contractor and diligently and continuously prosecute and coordinate such Work with such workers, materials and equipment to insure that Contractor, other subcontractors and third parties will not be delayed, interrupted, hindered or disrupted by Subcontractor's activities or operations. and to insure completion of the date notified Project within the time specified by the Contractor any construction schedule dates and/or milestones now or hereafter established in accordance with this Subcontract or other Contract Documents. 3.2 Time is of the requirements stated essence of this Subcontract and any breach of same shall go to the essence thereof. Subcontractor, in the Sub Contract Order and thereafter shall proceed regularly and diligently agreeing to carry out and complete the same Work within the Period times and sequences herein mentioned, has taken into consideration and made allowances for carrying out the Subcontract Works as stated in the Sub Contract Order all hindrances, delays and in accordance with such programme as adverse working conditions which are or may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong incident to the Contractorhis Work. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor is behind schedule in its Work or is failing, without cause, to maintain progress of its Work to conform to the general progress of all work for the Project, Subcontractor shall, at its own expense, perform overtime and/or shift work, use extra labor, and undertake all other means necessary to bring its Work back on schedule 3.3 To xxxxxx the expeditious and efficient construction of the Project, a Project schedule may be developed by Contractor or other third parties to schedule and coordinate the times required for one of more areas, phases or types of work on the Project. Subcontractor shall participate and cooperate in scheduling the times and sequences required in Subcontractor's area of Work and shall perform such Work in accordance with any such schedule and all revisions thereto. Subcontractor shall continuously monitor the construction schedule and advise Contractor of the status of Subcontractor's progress in respect to such schedule at any time Contractor requests Subcontractor to do so. In addition, Contractor, Owner and Architect shall have free and open access to the site of the Project or any other location where any part of the Work may be fabricated or assembled and may observe, test and inspect any element of the Work during the course of construction, fabrication or assembly. Subcontractor shall fully cooperate in connection with all such observations, tests and inspections. Further, Subcontractor shall afford Contractor's separate subcontractors reasonable opportunity for introduction and storage of their materials and equipment and for execution of their work. 3.4 Subcontractor shall immediately notify Contractor of any circumstance which may affect the times and sequences in the schedule, and shall submit all notices, claims and requests for extensions of time in writing to Contractor sufficiently in advance to allow Contractor to forward such requests as required by and in compliance with the procedures and time limitations as set forth in the Contract Documents; but in no event shall such notice be submitted later than ten days after the commencement of the delay or other event giving rise to the notice; otherwise Subcontractor shall not be granted an extension of time or other relief and any right to such extension or other relief, otherwise given to Subcontractor by the Contract Documents, shall be deemed waived. 3.5 Subcontractor shall prepare and submit periodic work reports and other documentation as Contractor may require for the Project. A representative of Subcontractor shall attend all meetings scheduled by Contractor or other third parties for the purpose of scheduling and coordinating activities on this Project, and any such representative attending any such meeting shall be conclusively deemed to have the authority to bind Subcontractor during the course thereof. 3.6 If, in Contractor's opinion, Subcontractor refuses or neglects to supply adequate and competent supervision, or a sufficient number of properly skilled workmen or of materials or equipment of the proper quality or quantity, or fails in any respect to prosecute the Work with promptness and diligence or fails to maintain reasonable progress of perform or fulfill any other obligations provided by the Subcontract Works the Contract Documents, Contractor maymay upon giving 48 hours written notice to Subcontractor, without prejudice to any other rights under these Conditionsremedy Contractor may have, after giving 3 days notice provide any such labor or materials and take such other steps as Contractor may, in its discretion, deem advisable, necessary or expedient to correct or otherwise address such refusal, neglect or failure. In such case, Contractor shall have the Subcontractor in writing (right to deduct the cost thereof from any money due or thereafter to become due from Contractor to Subcontractor, which costs shall include a reasonable allowance for Contractor's overhead and profit. If such costs exceed the issue of a notification given by smart phone amounts then or e mail) employ its own labour or other contractors thereafter due from Contractor to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allowSubcontractor, the Subcontractor shall pay the difference to the Contractor. Contractor’s right to perform such Work, as set forth herein, shall not give rise to a duty on the part of Contractor to exercise such right for the benefit of Subcontractor or allow The other persons or entities. In the event of any such refusal, neglect or failure by Subcontractor, Contractor his losses and expenses resulting from shall also be at liberty to terminate the delayemployment of Subcontractor for default as provided by Article 11 of this Subcontract. 5.9 3.7 If Subcontractor is responsible for any delay in the prosecution or completion of any Work or causes a disruption of any time, sequence or scheduled work activity of Contractor, Owner or other contractors, Subcontractor shall pay Contractor for all costs and damages suffered by Contractor as a result of such delay or disruption including, without limitation, any actual or liquidated damages assessed against Contractor by the Owner. In the event that any such delay or disruption is caused by the acts, omissions or neglect of the Subcontractor and the concurrent acts, omissions or neglect of Contractor, other subcontractors, or other third parties, Subcontractor agrees to pay Contractor a proportionate share of damages suffered, incurred by or assessed against Contractor, including assessed actual or liquidated damages, as allocated by Contractor, in good faith, between and among Subcontractor and other responsible parties. 3.8 In the event Subcontractor's performance of the Work is delayed, suspended, hindered or disrupted for any period of time by individual or cumulative acts or omissions of or interferences by Owner, Contractor, Architect, other subcontractors or other third parties or due to fire or other casualty, or on account of riots or of strikes, or other combined action of workmen or others, or on account of any acts of God, or any other cause whether or not within the Owner's or Contractor's control, Subcontractor may request an extension of time for performance of the Work; provided, that the extension of time granted to Subcontractor shall not under any circumstances exceed the extension of time granted by Owner to Contractor therefore. The provision right to such time extension shall be Subcontractor's sole and exclusive remedy and, accordingly, Subcontractor shall assume the monetary risk which may be occasioned by such delay and shall not be entitled to claim or recover any increase in the Subcontract Amount or damages or additional compensation of this clause 5 shall constitute any type whatsoever as a consequence of any such delays, suspensions, hindrances or disturbances, whether or not contemplated by the parties exclusive remedies for loss and expense associated with delayregardless of the severity or duration thereof. 5.10 Until the end of the Maintenance Period referred 3.9 Contractor may schedule and direct Subcontractor to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are perform additional overtime work not due to the Subcontractor’s materials 's acts, omissions or workmanship not being delays, in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the which case Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will shall pay or allow to the Contractor only the cost of the execution premium portion of such overtime work, without overhead or profit, and Subcontractor agrees to accept such portion in complete settlement of any and all claims for damages, loss, cost or expense caused by or in any way related to overtime conditions or directives. Subcontractor shall bear at its own expense any additional rental or other charge for overtime use of machinery or equipment owned by or leased to Subcontractor or its Sub-subcontractors. Subcontractor's books shall be kept in a manner facilitating Contractor's audit of such adjustments. 3.10 Subcontractor shall, as directed by Contractor and without adjustment in the Subcontract Amount or Time, cease Work at any point and transfer Subcontractor's men, machinery and equipment to such points and execute such portions of the Work in preference to other portions as Contractor may prescribe. 3.11 Contractor is not obligated to notify Subcontractor when to begin, cease or resume work, or to superintend the Work so as to relieve Subcontractor of responsibility for any consequence of neglect or carelessness by it or its subordinates. All materials and labor shall be furnished at such time as shall be for the best interests of the Contractor and all subcontractors concerned to the end that the combined work of all may be properly and fully completed in accordance with scheduling and coordination requirements for the Project.

Commencement and Completion. 5.1 4.1 The Subcontractor work to be performed under this contract shall commence the Subcontract Works on be commenced within 10 calendar days after receipt of Notice to Proceed, shall be substantially completed within 14 days after receipt of Notice to Proceed, and shall be finally completed within 10 days after the date notified by of Substantial Completion. 4.2 Liquidated Damages for Failure to Complete on Time Inasmuch as failure to complete the Contractor project within the time fixed in Article 4.1 hereof will result in substantial injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if the Work is not substantially completed, according to the definition of "Substantial Completion" in Article 8.3 hereof, within the time specified in Article 4.1, or within such further time, if any, as shall be allowed for time extensions in accordance with the requirements stated in the Sub Contract Order and thereafter shall proceed regularly and diligently to carry out and complete the same within the Period for carrying out the Subcontract Works as stated in the Sub Contract Order and in accordance with such programme as may be agreed with the Contractor. 5.2 Where the date for completion provisions of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong to the Contractor. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main ContractDocuments, the Contractor shall grant pay to the Owner as liquidated damages for such extension of time delay, and not as is reasonable. 5.6 Subject a penalty Dollars ($ ) for each and every calendar day elapsing between the date fixed for Substantial Completion in Article 4.1 hereof and the date such Substantial Completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to compliance any excess expenses or costs payable by the Subcontractor with Contractor to the requirements Owner under the provisions of this clause 5Article 14 of the General Conditions, where and shall not exclude the recovery of damages by the Owner under other Provisions of the Contract Documents, except for Contractor's delays. This provision for liquidated damages for delay shall in no manner affect the Owner's right to terminate the Contract as provided in Article 14 of the General Conditions or elsewhere in the contract documents. The owner's exercise of the right to terminate shall not release the Contractor grants an extension of time under clause 5.5 the Contractor shall from its obligation to pay or allow the sum per week stipulated said liquidated damages in the Sub Contract Order and where no such sum amount set out in Article 4.2 hereof. It is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in further agreed that the opinion of Owner may deduct from the Contractor, the Subcontractor fails to maintain reasonable progress of the Subcontract Works the Contractor may, without prejudice to any other rights under these Conditions, after giving 3 days notice to the Subcontractor in writing (which shall include the issue of a notification given by smart phone or e mail) employ its own labour or other contractors to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works balance retained by the date agreed Owner under provisions of Article 6.3 hereof the liquidated damages stipulated herein or in Article 4.3 as the Sub Contract Order case may be, or such other date portion thereof as the parties may agree or the Contractor allow, the Subcontractor shall pay or allow The Contractor his losses and expenses resulting from the delaysaid retained balance will cover. 5.9 The provision of this clause 5 shall constitute the parties exclusive remedies for loss and expense associated with delay. 5.10 Until the end of the Maintenance Period referred to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are due to the Subcontractor’s materials or workmanship not being in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will pay or allow to the Contractor the cost of the execution of such work.

Commencement and Completion. 5.1 The Subcontractor shall commence the Subcontract Works on the date notified by the Contractor in accordance with the requirements stated in the Sub Contract Order and thereafter shall proceed regularly and diligently to carry out and complete the same within the Period for carrying out the Subcontract Works as stated in the Sub Contract Order and in accordance with such programme as may be agreed with the Contractor. 5.2 Where the date for completion of the Subcontract Works falls before the date for Completion of the Works or the date for completion of the Subcontract Works stipulated in the Main Contract programme the benefit of that float period shall belong to the Contractor. The Subcontractor agrees that it shall not be entitled to avoid liability for delay during the float period on the grounds that such delay did not cause delay beyond the date for completion of the Works as prescribed by the Main Contractor by reference to the float in the Contractor’s programme. 5.3 Notwithstanding the dates for commencement and completion stipulated in the Sub Contract Order, the Contractor may require the Subcontractor to delay or accelerate its Works. The amount to be paid or allowed by reference to such matters shall be agreed and confirmed in writing and in default of agreement shall be limited to the Subcontractor’s proven expenses. 5.4 The Subcontractor shall forthwith or in any event within 10 days notify the Contractor in writing of any event which the Subcontractor considers may cause a delay or disruption to the Subcontract Works. The Subcontractor shall include details of the effect of the event and the likely period of delay and the amount of any loss or expense which the Subcontractor considers he may be entitled to under these conditions. It is a condition precedent to the Subcontractors entitlement under this Clause that the Subcontractor has fully complied with its requirements. 5.5 With the agreement of the Contractor the Subcontractor shall re programme the Subcontract Works to mitigate and avoid delays. Where the cause of the delay is a matter beyond the control of the Subcontractor (including default by the Contractor) and is not a contingency for which he should have allowed, and provided that the Contractor is entitled to obtain an extension of time under the Main Contract, the Contractor shall grant such extension of time as is reasonable. 5.6 Subject to compliance by the Subcontractor with the requirements of this clause 5, where the Contractor grants an extension of time under clause 5.5 the Contractor shall pay or allow the sum per week stipulated in the Sub Contract Order and where no such sum is stipulated the, Subcontractor’s proven direct loss and expense. 5.7 If, in the opinion of the Contractor, the Subcontractor fails to maintain reasonable progress of the Subcontract Works the Contractor may, without prejudice to any other rights under these Conditions, after giving 3 days notice to the Subcontractor in writing (which shall include the issue of a notification given by smart phone or e mail) employ its own labour or other contractors to improve progress of the Subcontract Works. The Subcontractor shall pay or allow (by way of set off or abatement) the costs and expenses thereby incurred. 5.8 If the Subcontractor fails to complete the Subcontract Works by the date agreed in the Sub Contract Order or such other date as the parties may agree or the Contractor allow, the Subcontractor shall pay or allow The Contractor his losses and expenses resulting from the delay. 5.9 The provision of this clause 5 shall constitute the parties exclusive remedies for loss and expense associated with delay. 5.10 Until the end of the Maintenance Period referred to in the Sub Contract Order any defects shrinkages or other faults in the works, which the Contractor is liable to make good under the Main Contract (if any) or which are due to the Subcontractor’s materials or workmanship not being in accordance with the terms of this subcontract or to flaws occurring before completion of the works will be immediately made good by the Subcontractor at his own cost. If the subcontractor fails to carry out such remedial work within a reasonable period (no longer than 10 days) after written notice from the Contractor then the Contractor may make alternative arrangements for the necessary work to be executed and the Subcontractor will pay or allow to the Contractor the cost of the execution of such work.