Common use of Compensation for Delay Clause in Contracts

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. Notwithstanding anything to the contrary contained in the Contract Documents, the additional Contract Time compensation set forth in 5-12.6.2.1 shall be the Contractor’s sole monetary remedy for any delay other than to perform extra work caused by the County Department unless the delay shall have been caused by acts constituting willful or intentional interference by the County Department with the Contractor’s performance of the work and then only where such acts continue after Contractor’s written notice to the County Department of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the performance term of the Contract, including, but not limited to, work performed, work deleted, change supplemental agreements, work 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 Engineer pursuant to the Contract Documents8-6.1, shop drawing approval process delays, expansion of the physical limits of the Project project to make it functional, weather, weekends, holidays, special events, suspension of Contract Timetime, 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.