Compensable Delays. 11.4.1. The Contractor agrees to make claim only for additional costs attributable to delay in the performance of this Contract necessarily extending the time for completion of the Work or resulting from acceleration directed by the Commissioner and required to maintain the progress schedule, occasioned solely by any act or omission to act of the City listed below. The Contractor also agrees that delay from any other cause shall be compensated, if at all, solely by an extension of time to complete the performance of the Work.
11.4.1.1. The failure of the City to take reasonable measures to coordinate and progress the Work to the extent required by the Contract, except that the City shall not be responsible for the Contractor’s obligation to coordinate and progress the Work of its Subcontractors.
11.4.1.2. Unreasonable delays attributable to the review of shop drawings, the issuance of change orders, or the cumulative impact of change orders that were not brought about by any act or omission of the Contractor.
11.4.1.3. The unavailability of the Site caused by acts or omissions of the City.
11.4.1.4. The issuance by the Engineer of a stop work order that was not brought about through any act or omission of the Contractor.
11.4.1.5. Differing site conditions or environmental hazard that were neither known nor reasonably ascertainable on a pre-bid inspection of the Site or review of the Contract Documents or other publicly available sources, and that are not ordinarily encountered in the Project’s geographical area or neighborhood or in the type of Work to be performed.
11.4.1.6. Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.7. Delays not contemplated by the parties;
11.4.1.8. Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.9. Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.2. No claim may be made for any alleged delay in Substantial Completion of the Work if the Work will be or is substantially completed by the date of Substantial Completion provided for in Schedule A unless acceleration has been directed by the Commissioner to meet the date of Substantial Completion set forth in Schedule A, or unless there is a provision in the Contract providing for additional compensation for early completion.
11.4.3. The provisions of this Article 11 apply only to claims for additional costs attributable to delay...
Compensable Delays. The Contractor shall be entitled to an extension of Contract Time and an adjustment in Agreement Price in accordance with the Determining of Costs of Changes Article due to unreasonable delays that are not due to the fault or neglect of the Contractor and which could not have been reasonably anticipated, including delays:
(i) caused by BSA or by BSA’s separate contractors or workers,
Compensable Delays. If Contractor is entitled to an increase in the Contract Sum as a result of the rate to be paid to Contractor for compensable delays caused by Hastings, the Contract Sum will be increased by an amount equal to the number of days for which such compensation is payable.
Compensable Delays. The Contractor agrees to make claim only for additional costs attributable to delay in the performance of this Contract necessarily extending the time for completion of the Work or resulting from acceleration directed by the Commissioner and required to maintain the Project schedule, occasioned solely by any act or omission to act of the City listed below. The Contractor also agrees that delay from any other cause shall be compensated, if at all, solely by an extension of time to complete the performance of the Work.
Compensable Delays. The Contractor shall be entitled to an extension of Contract Time and an adjustment in Agreement Price in accordance with the Determining of Costs of Changes Article due to unreasonable delays that are not due to the fault or neglect of the Contractor and which could not have been reasonably anticipated, including delays: (1) caused by BSA or by BSA’s separate contractors or workers, (2) resulting from BSA’s failure to provide access to lands or rights-of-way on which the Work is to be performed, or (3) due to suspension of the work ordered by BSA. In making such a Claim, the contractor must demonstrate that the delay was the sole and unavoidable cause for increasing the length of time required to complete the Work. For purposes of settlement of Claims under this paragraph, no mark-up for profit will be allowed.
Compensable Delays. If the date for Substantial Completion of a Work Order Package is delayed by events which are the responsibility of or within the control of the City, are unforeseeable to Design-Builder and would constitute an unreasonable charge against Design-Builder under the circumstances involved, the Design-Builder shall be entitled to an equitable adjustment of the Work Order Package Deadline and/or the Work Order Package Price, subject to the requirements of Article 8 of the General Conditions, including the notice and procedural requirements therein.
Compensable Delays. 6.6.2.1. If Substantial Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the Architect, or separate Contractor employed by the District (collectively “Compensable Delays”), upon Contractor’s request and notice, in strict conformity with Articles 6 and 10 of these General Conditions, the Contract Time shall be adjusted by Change Order for such reasonable period of time as determined by the Construction Manager and the District. In accordance with California Public Contract Code §7102, if the Contractor’s progress is delayed by any of the events described in the preceding sentence, Contractor shall be entitled to the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay, the delay is unreasonable under the circumstances and was not within the reasonable contemplation of the District or the Contractor at the time of execution of the Master Facilities Lease. In such event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect Field office, indirect additional Home office, unabsorbed overhead, or other consequential damages. No adjustment of the Contract Time shall be made on account of any Compensable Delays unless such delay(s) actually and directly impact Work activities on the Critical Path of the then current accepted Monthly Schedule Update as of the date on which such delay first occurs.
Compensable Delays. The Contractor shall be entitled to compensation from the District on account of a delay in the performance of the Work (each a “Compensable Delay”) only if: (i) the District caused or otherwise was responsible for the delay; (ii) the delay was unreasonable under the circumstances involved; and (iii) the delay was not within the contemplation of the District and Contractor. A delay shall not be considered to be a Compensable Delay to the extent the delay was caused, contributed to, or continued by the Contractor or any Subcontractor or other party or entity under the control or direction of, or otherwise performing any work or services on behalf of, the Contractor. A delay shall be considered a Compensable Delay only if and to the extent the delay adversely impacts a portion of the Work that is a critical-path item, and the District shall not be required to pay any compensation whatsoever to the Contractor (including, without limitation, any extended overhead, general conditions costs, impact costs, and/or out-of-sequence costs) in the absence of any such adverse impact on the critical-path of the Work. Subject to the Contractor’s compliance with applicable requirements of this Part 11, and based on sufficient proof provided by the Contractor or otherwise obtained by or provided to the District, additional compensation to the Contractor for a Compensable Delay shall be set forth in and authorized by a Change Order or Construction Change Directive.
Compensable Delays. If the date for Substantial Completion of the Work is delayed as a result of the wrongful acts or negligence of City or anyone for whom City is legally liable and the delays are unforeseeable and are unreasonable under the circumstances involved, Design-Builder shall be entitled to an equitable adjustment of the Contract Time and/or Contract Price directly resulting from such delays, subject to the requirements of Article 9 herein and further provided Design-Builder complies with the notice and procedural requirements of Article 17 herein.
Compensable Delays. 11.4.1 The Contractor agrees to make claim only for additional costs attributable to delay in the performance of this Contract necessarily extending the time for completion of the Work or resulting from acceleration directed by the Commissioner and required to maintain the Project schedule, occasioned solely by any act or omission to act of the City listed below. The Contractor also agrees that delay from any other cause shall be compensated, if at all, solely by an extension of time to complete the performance of the Work.
11.4.1. 1The failure of the City to take reasonable measures to coordinate and progress the Work, except that the City shall not be responsible for the Contractor’s obligation to coordinate and progress the Work of its Subcontractors.
