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 and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 and 26 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 shall be allowed.
Appears in 9 contracts
Samples: Construction Contract, Construction Contract, Standard Construction Contract
Compensable Delays. 11.4.144.4.1. 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 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.
11.4.1.144.4.1.1. The failure of the City to take reasonable measures to coordinate and progress the Work to the extent required by the ContractWork, except that the City shall not be responsible for the Contractor’s obligation to coordinate and progress the Work of its Subcontractors.
11.4.1.244.4.1.2. Unreasonable Extended delays attributable to the City in the review of shop drawings, the or issuance of change orders, in shop drawing reviews and approvals or as a result of the cumulative impact of multiple change orders orders, which have a verifiable impact on Project costs.
44.4.1.3. The unavailability of the Site for an extended period of time that were significantly affects the scheduled completion of the Contract.
44.4.1.4. The issuance by the Project Manager of a stop work order relative to a substantial portion of the Work for a period exceeding thirty (30) Days, that was not brought about by through any act action 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.
11.4.1.544.4.1.5. 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.
11.4.1.644.4.1.6. Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.744.4.1.7. Delays not contemplated by the parties;
11.4.1.844.4.1.8. Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.944.4.1.9. Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.244.4.2. No claim may be made for any alleged delay in Substantial Completion of the Work by a date earlier than the date of Substantial Completion provided for in Schedule A unless there is a provision in the Contract providing for additional compensation for early completion. No claim may be made for any alleged delay in Substantial Completion of the Work if the Work will be or work 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.A.
11.4.344.4.3. The provisions of this Article 11 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 Article 58 and 26 Article 59 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 shall be allowed.
Appears in 8 contracts
Samples: Supply and Service Agreement, Furnish and Install Agreement, Furnish and Install Agreement
Compensable Delays. 11.4.1. 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 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.
11.4.1.1. 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 ContractWork, 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 11.4.1.2 Extended delays attributable to the City in the review of shop drawings, the or issuance of change orders, in shop drawing reviews and approvals or as a result of the cumulative impact of multiple change orders that were not brought about by any act or omission of the Contractororders, which have a verifiable impact on Project costs.
11.4.1.3. 11.4.1.3 The unavailability of the Site caused by acts or omissions for an extended period of time that significantly affects the scheduled completion of the CityContract.
11.4.1.4. 11.4.1.4 The issuance by the Engineer of a stop work order relative to a substantial portion of the Work for a period exceeding thirty (30) Days, that was not brought about through any act action or omission of the Contractor.
11.4.1.5. 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. 11.4.1.6 Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.7. 11.4.1.7 Delays not contemplated by the parties;
11.4.1.8. 11.4.1.8 Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.9. 11.4.1.9 Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.211.4.2 No claim may be made for any alleged delay in Substantial Completion of the Work by a date earlier than the date of Substantial Completion provided for in Schedule A unless there is a provision in the Contract providing for additional compensation for early completion. No claim may be made for any alleged delay in Substantial Completion of the Work if the Work will be or work 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.A.
11.4.3. 11.4.3 The provisions of this Article 11 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 and 26 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 shall be allowed.
Appears in 7 contracts
Samples: Proposal for Bids, Proposal for Bids, Construction Contract
Compensable Delays. 11.4.144.4.1. 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.
11.4.1.144.4.1.1. 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.
11.4.1.244.4.1.2. 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.
11.4.1.344.4.1.3. The unavailability of the Site caused by acts or omissions of the City.
11.4.1.444.4.1.4. The issuance by the Engineer or Project Manager of a stop work order that was not brought about through any act or omission of the Contractor.
11.4.1.544.4.1.5. 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.
11.4.1.644.4.1.6. Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.744.4.1.7. Delays not contemplated by the parties;
11.4.1.844.4.1.8. Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.944.4.1.9. Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.244.4.2. 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.
11.4.344.4.3. The provisions of this Article 11 44 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 Article 58 and 26 Article 59 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 44 shall be allowed.
Appears in 4 contracts
Samples: Furnish and Install Agreement, Furnish and Install Agreement, Furnish and Install Agreement
Compensable Delays. 11.4.1. 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 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.
11.4.1.1. 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 ContractWork, 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 11.4.1.2 Extended delays attributable to the City in the review of shop drawings, the or issuance of change orders, in shop drawing reviews and approvals or as a result of the cumulative impact of multiple change orders that were not brought about by any act or omission of the Contractororders, which have a verifiable impact on Project costs.
11.4.1.3. 11.4.1.3 The unavailability of the Site caused by acts or omissions for an extended period of time that significantly affects the scheduled completion of the CityContract.
11.4.1.4. 11.4.1.4 The issuance by the Engineer of a stop work order relative to a substantial portion of the Work for a period exceeding thirty (30) Days, that was not brought about through any act action or omission of the Contractor.
11.4.1.5. 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 bid 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. 11.4.1.6 Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.7. 11.4.1.7 Delays not contemplated by the parties;
11.4.1.8. 11.4.1.8 Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.9. 11.4.1.9 Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.211.4.2 No claim may be made for any alleged delay in Substantial Completion of the Work by a date earlier than the date of Substantial Completion provided for in Schedule A unless there is a provision in the Contract providing for additional compensation for early completion. No claim may be made for any alleged delay in Substantial Completion of the Work if the Work will be or work 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.A.
11.4.3. 11.4.3 The provisions of this Article 11 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 and 26 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 shall be allowed.
Appears in 2 contracts
Samples: Standard Construction Contract, Construction Contract
Compensable Delays. 11.4.144.4.1. 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.
11.4.1.144.4.1.1. 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.
11.4.1.244.4.1.2. 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.
11.4.1.344.4.1.3. The unavailability of the Site caused by acts or omissions of the City.
11.4.1.444.4.1.4. The issuance by the Engineer or Project Manager of a stop work order that was not brought about through any act or omission of the Contractor.
11.4.1.544.4.1.5. 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.
11.4.1.644.4.1.6. Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.744.4.1.7. Delays not contemplated by the parties;
11.4.1.844.4.1.8. Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.944.4.1.9. Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.244.4.2. 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.
11.4.344.4.3. The provisions of this Article 11 44 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 Article 58 and 26 Article 59 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 44 shall be allowed.
Appears in 1 contract
Samples: Furnishing and Installing Agreement
Compensable Delays. 11.4.1. 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.the
11.4.1.1. 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. 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. 11.4.1.3 The unavailability of the Site caused by acts or omissions of the City...
11.4.1.4. 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. 11.4.1.5 Differing site conditions or environmental hazard hazards that were neither known nor reasonably ascertainable on a pre-bid inspection of the Site or review of the Contract Documents bid 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. 11.4.1.6 Delays caused by the City’s bad faith or its willful, malicious, or grossly negligent conduct;
11.4.1.7. 11.4.1.7 Delays not contemplated by the parties;
11.4.1.8. 11.4.1.8 Delays so unreasonable that they constitute an intentional abandonment of the Contract by the City; and
11.4.1.9. 11.4.1.9 Delays resulting from the City’s breach of a fundamental obligation of the Contract.
11.4.2. 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. 11.4.3 The provisions of this Article 11 apply only to claims for additional costs attributable to delay and do not preclude determinations by the Commissioner allowing reimbursements for additional costs for Extra Work pursuant to Articles 25 and 26 of this Contract. To the extent that any cost attributable to delay is reimbursed as part of a change order, no additional claim for compensation under this Article 11 shall be allowed.
Appears in 1 contract
Samples: Proposal for Bids
