Common use of Contractor Delay Clause in Contracts

Contractor Delay. If the Architect believes that compensable Extra Services are being, or will be, rendered due to the Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time or the Contractor’s delayed completion of “punch list” items, the Architect shall notify the Owner in writing, but shall not suspend or otherwise alter services to the detriment of the Owner and Project. As a prerequisite to entitlement to compensation for such Extra Services, the Architect shall have fulfilled its obligations under the terms of the Agreement to issue timely Notice(s) to Cure to the Contractor and to have advised the Owner of the Contractor’s inadequate progress and possible actions to be taken by the Owner. Unless otherwise stipulated in the Special Provisions of the Agreement or an amendment to the Agreement, the Architect shall be equitably paid for validated Extra Services to the extent that the Owner is entitled to recover same from the Contractor (or its Surety) under the terms of the Construction Contract.