Common use of Compensation for Delay Clause in Contracts

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. 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 and No/100 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 Claims for increased compensation or extension of time for such changes, increases or decreases shall be governed by Article 9.

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 and No/100 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.this

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 Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Construction Manager Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Construction ManagerContractor’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 Contractor of such fault or neglect, Construction Manager Contractor may make a Claim for its actual and direct delay damages accruing after said twenty-one (21) days; provided, however, Construction Manager Contractor expressly acknowledges and agrees that its actual and direct delay damages shall not exceed, and shall be limited to no more than, One Thousand and No/100 Dollars ($1,000.00) per day. In no event shall Owner be liable to Construction Manager Contractor 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 8.511.8. Requests Claims for increased compensation or extension of time for such changes, increases or decreases shall be governed by Article 9.