Common use of Compensable Delay – Delay by Owner or Program Manager Clause in Contracts

Compensable Delay – Delay by Owner or Program Manager. If the Design-Builder is delayed in the progress of the Work between the Proceed Order and the Material Completion and Occupancy Date, as amended, by an act or neglect of the Owner, Owner's employees, Program Manager or Separate Design-Builders employed by the Owner, or by labor disputes not reasonably anticipated, or by other causes beyond the Design-Builder's control which the Program Manager determines may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Program Manager and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the Design-Builder has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the Design-Builder, the Design-Builder's agents or employees did not materially contribute to such causes; and (iv) the Design-Builder shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the Design-Builder first becomes aware of such delay. Extensions of Time and compensation for Time Dependent Overhead Costs for Unavoidable Delay are to be processed as a Change Order pursuant to Article 3.4.6.

Compensable Delay – Delay by Owner or Program Manager. If the Design-Builder is delayed in the progress of the Work between the Proceed Order and the Material Completion and Occupancy Date, as amended, by an act or neglect of the Owner, Owner's employees, Program Manager or Separate Design-Design- Builders employed by the Owner, or by labor disputes not reasonably anticipated, or by other causes beyond the Design-Builder's control which the Program Manager determines may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Program Manager and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the Design-Builder has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the Design-Builder, the Design-Builder's agents or employees did not materially contribute to such causes; and (iv) the Design-Builder shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the Design-Builder first becomes aware of such delay. Extensions of Time and compensation for Time Dependent Overhead Costs for Unavoidable Delay are to be processed as a Change Order pursuant to Article 3.4.6.