Compensation for Delay. The time allowed for carrying out the work, as entered in the tender form, shall be strictly observed by the contractor and shall be deemed to be the essence of the contract and shall be reckoned from the fifteenth day after the date on which the order to commence the work is issued to the contractor, for a work where completion is up to 6 months For works, for which the completion period is beyond six months: - The period will be reckoned from the thirtieth day after the date on which the order to commence the work is issued to contractor .The work shall throughout the stipulated period of contract be proceeded with all due diligence, keeping in view that time is the essence of the contract. The contractor shall be bound in all cases, in which the time allowed for any work exceeds one month, to complete 1/8th of the whole work before 1/4th of the whole time allowed under the contract has elapsed, 3/8th of the work before 1/2 of such time has elapsed and 3/4th of the work before 3/4th of such time has elapsed. In the event of the contractor failing to comply with the above conditions, the Commissionor/CMO shall levy on the contractor, as compensation an amount equal to: 0.5% (zero point five percent) of the value of work (contract sum) for each week of delay, provided that the total amount of compensation under this provision of the clause shall be limited to 6% (six percent) of the value of work. (Contract sum) Provided further that if the contractor fails to achieve 30% (thirty percent) progress in half (1/2) of original or validly extended period of time (reference clause 5 below) the contract shall stand terminated after due notice to the contractor and his contract finallised, with xxxxxxx money and or security deposit forfeited and levy of further compensation at the rate of 10% of the balance amount of contract left incomplete, either from the bill, and or from available security/performance guarantee or shall be recovered as "Arrears of land revenue". The decision of the Competent Authority in the matter of grant of extension of time only (reference clause 5 below) shall be final, binding and conclusive. But he has no right to change either the rate of compensation or reduce and or condone the period of delay- once such an order is passed by him (on each extension application of the contractor). It shall not be open for a revision. Where the Commissioner/CMO or Competent Authority or Commissioner/CMO as the case may decides that the contractor is l...
Compensation for Delay. 15.1 The time allowed for carrying out the work, as entered in the agreement, shall be strictly observed by the Contractor.
Compensation for Delay. Notwithstanding anything to the contrary contained in the Contract Documents, additional Contract Time shall be the Contractor’s sole remedy for any delay other than to perform extra work caused by the County unless the delay shall have been caused by acts constituting willful or intentional interference by the County with the Contractor’s performance of the work and then only where such acts continue after Contractor’s written notice to the County of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the performance of the Contract, including, but not limited to, work performed, work deleted, change orders, supplemental Contracts, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right-of-way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, suspensions of work by the County pursuant to the Contract Documents, shop drawing approval process delays, expansion of the physical limits of the Project to make it functional, weather, weekends, holidays, special events, suspension of Contract Time, or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not be deemed to constitute willful or intentional interference with the Contractor’s performance of the work without clear and convincing proof that they were the result of a deliberate act, without reasonable and good-faith basis, and specifically intended to disrupt the Contractor’s performance.
Compensation for Delay. (a) Liquidated Damages (LD) shall be levied where reasons are attributable to supplier / contractors for delays in execution of purchase order/ contract. LD shall be levied @0.5% per week or part there of on the value of unfinished supply/work order for each week of delay subject to a maximum of 5% of the total value of contract ( excluding taxes and duties)
Compensation for Delay. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner and Professional may be responsible, in whole or in part, shall relieve Construction Manager of its duty to perform or give rise to any right to damages or additional compensation from Owner. Construction Manager expressly acknowledges and agrees that it shall receive no damages for delay. Construction Manager’s sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned “No Damage For Delay” provision. This Section 8.5 shall expressly apply to claims for early completion, as well as to claims based on late completion. Notwithstanding the foregoing, if the Work is delayed due to the fault or neglect of Owner or anyone for whom Owner is liable, and such delays have a cumulative total of more than twenty-one (21) days after receipt by Owner of written notice from Construction Manager of such fault or neglect, Construction Manager may make a Claim for its actual and direct delay damages accruing after said twenty-one (21) days; provided, however, Construction Manager expressly acknowledges and agrees that its actual and direct delay damages shall not exceed, and shall be limited to no more than, One Thousand Dollars ($1,000.00) per day. In no event shall Owner be liable to Construction Manager whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any acceleration, soft costs, lost profits, punitive, special, indirect, incidental, or consequential damages of any kind or nature whatsoever. For the avoidance of doubt, Owner’s exercise of its reserved right to change, increase or decrease the Work shall not be deemed to be “fault or neglect of Owner” serving as the basis for additional compensation under this Section 8.5. Requests for increased compensation or extension of time for such changes, increases or decreases shall be governed by Article 9.
Compensation for Delay. If TOMRA does not deliver the goods within fourteen (14) calendar days after the delivery date, TOMRA shall pay the Purchaser compensation for this delay in the amount of 0.2% per completed week of the purchase price specified in the contract for the delayed goods(s). The compensation for delay is to be paid for the period from the date of delivery to the day of the actual delivery of the goods. The total amount due under this Clause shall not exceed five per cent (5%) of the amount indicated in the contract for the delayed product(s). This compensation for delay does not release TOMRA from its obligation to deliver the goods in accordance with the contract. The parties agree that, in view of the impact that the delay in the delivery of the goods will have on the project in question, the damage caused by delay is an exclusive remedy and a genuine, fair and reasonable preliminary estimate of the actual damage that the Purchaser will incur as a result of the delay in the delivery of the goods and does not constitute a contractual penalty.
Compensation for Delay. 21.1 In case of delay in mobilization or in completion of work in all respects and to the full satisfaction of Engineer-In-Charge, the Engineer-In-Charge may at his discretion impose a penalty at the rate of 0.5% per week or part thereof limited to 5% of the contract value.
Compensation for Delay. No compensation for extended stay is payable to contractor.
Compensation for Delay. XXXX shall be compensated for its substantiated actual, direct expenses, together with the markup for overhead and profit described in “Overhead and Profit” above, resulting from delay for which Owner is responsible. Under no circumstances shall Owner compensate XXXX for extended home office overhead or profit based on an “Eichleay formula” or any other proportionate allocation of XXXX’x overhead expenses or profit, all of which shall be deemed to have already been included in the above-described markup.
Compensation for Delay. If the Contractor fails to maintain the required progress to complete the work and clear the site on or before the Contract or extended date of completion, the Contractor shall, without prejudice to any other right or remedy of the Institute on account of such breach, pay as agreed compensation amount calculated as stipulated below or such smaller amount as be fixed by IPR on the Contract Value of the work for every week that the progress remains slow that the work remains incomplete.
