Common use of CONTRACTOR’S CONSTRUCTION SCHEDULES Clause in Contracts

CONTRACTOR’S CONSTRUCTION SCHEDULES. §3.10.1 Promptly after being awarded the Contract, Contractor shall prepare and submit for Owner’s and Architect/Engineer’s information a Contractor’s construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and the Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. Any float time in the schedule shall belong to the Contractor and may be used by the Contractor to optimize the construction process, manage the success of the project, finish the project early. For any loss of time due to project delays not caused by the Contractor, the schedule shall be extended and the cost for the delay will be compensable. §3.10.2 Contractor shall prepare and keep current, for Architect/Engineer’s approval, a schedule of submittals which is coordinated with Contractor’s construction schedule and allows Architect/Engineer reasonable time to review submittals. §3.10.3 Contractor shall perform the Work in general accordance with the most recent schedules approved by Owner and Architect/Engineer. §3.10.4 In the event Owner determines that the performance of the Work has not progressed or reached the level of completion required by the Contract Documents, Owner shall have the right to order Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation (1) working additional shifts or overtime, (2) supplying additional manpower, equipment and facilities, and (3) other similar measures (hereinafter referred to collectively as “Acceleration”), which shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Acceleration is solely for the purpose of ensuring Contractor’s compliance with the construction schedule. Any failure of Owner or Architect/Engineer to require Acceleration shall not relieve Contractor of meeting the schedule, the Contract Time, or any other obligation under the Contract Documents. §3.10.5 Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Acceleration except to the extent Acceleration was made necessary by reason of Owner’s or Architect/Engineer’s wrongful acts or omissions.

CONTRACTOR’S CONSTRUCTION SCHEDULES. §3.10.1 Promptly The Contractor, promptly after being awarded the Contract, Contractor shall prepare and submit for the [Owner’s 's and] Architect's information and Architect/Engineer’s information the Development Manager's and Owner's review and approval a Contractor’s 's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised as required herein and at appropriate intervals as required by the conditions of the Work and the Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. Any float time in The Schedule shall indicate the schedule shall belong to proposed starting and completion dates for the Contractor and may be used by the Contractor to optimize the construction process, manage the success various subdivisions of the project, finish Work as well as the project earlytotality of the Work. For any loss of time due to project delays not caused by the Contractor, the The schedule shall be extended updated every thirty (30) days and submitted to Development Manager with Contractor's Applications for Payment. Each schedule shall contain a comparison of actual progress with the cost estimated progress for such point in time stated in the original schedule. If any schedule submitted sets forth a date for Substantial Completion for the delay will be compensable. §3.10.2 Contractor shall prepare and keep current, for Architect/Engineer’s approval, a schedule of submittals which is coordinated with Contractor’s construction schedule and allows Architect/Engineer reasonable time to review submittals. §3.10.3 Contractor shall perform the Work in general accordance with the most recent schedules approved by Owner and Architect/Engineer. §3.10.4 In the event Owner determines that the performance or any phase of the Work has not progressed or reached beyond the level Date(s) of completion required by Substantial Completion established in the Contract (as the same may be extended as provided in the Contract Documents), then Contractor shall submit to Development Manager and Owner shall have for their review and approval a narrative description of the right means and methods which Contractor intends to order Contractor to take corrective measures necessary employ to expedite the progress of constructionthe Work to ensure timely completion of the various phases of the Work as well as the totality of the Work. To ensure such timely completion, Contractor shall take all necessary action, including, without limitation (1) working additional shifts or overtimelimitation, (2) supplying additional manpowerincreasing the number of personnel and labor on the Project and implementing overtime and double shifts. In that event, equipment and facilities, and (3) other similar measures (hereinafter referred to collectively as “Acceleration”), which shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Acceleration is solely for the purpose of ensuring Contractor’s compliance with the construction schedule. Any failure of Owner or Architect/Engineer to require Acceleration shall not relieve Contractor of meeting the schedule, the Contract Time, or any other obligation under the Contract Documents. §3.10.5 Contractor shall not be entitled to an adjustment in the Contract Sum in connection or the schedule. 3.10.2 The Contractor shall prepare and keep current, for the Development Manager's and Architect's approval, a schedule of submittals which is coordinated with Acceleration except the Contractor's construction schedule and allows the Development Manager and Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the extent Acceleration was made necessary most recent schedules. 3.10.4 Prior to execution of this Contract, the Contractor shall have prepared a preliminary project schedule, estimating completion dates for a design, review, approval, bidding, award and construction of the various phases of the Project. After approval by reason the Owner, the preliminary project schedule will be automatically incorporated as an exhibit and shall be updated and amended as approved by Owner and Contractor to reflect changes in the estimated completion dates for the various activities noted above. The Contractor shall conduct pre-construction conferences with Subcontractors. The Contractor shall schedule and conduct meetings to be attended by the Subcontractors and representatives of the Owner’s , the Development Manager and the Architect to discuss such matters as procedures, progress, problems, scheduling, and compliance with Laws. The Contractor shall take, transcribe, and distribute minutes of such meetings and deliver such to all parties in attendance or Architect/Engineer’s wrongful acts otherwise involved in the Project unless done so by another party. The Contractor shall also prepare a report not later than thirty (30) calendar days after the contract is awarded which shall include a complete list of suppliers, items to be purchased from the suppliers or omissionsfabricators, time required for fabrication and the schedule delivery dates for each item. As soon as available, copies of purchase orders shall be furnished to the Development Manager and Owner. The Contractor shall hold weekly progress meetings at the site, or at such other time and frequency as are acceptable to the Owner. Progress of the Work shall be reported in detail with reference to construction schedules. Each interested Subcontractor shall have present a competent representative to report the condition of its work and to receive information. 3.10.5 The Contractor shall cooperate with the Development Manager in scheduling and performing the Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction or operations of the Owner's own forces.

CONTRACTOR’S CONSTRUCTION SCHEDULES. §3.10.1 Promptly after being awarded the Contract, Contractor The Construction Schedule shall prepare and submit for Owner’s and Architect/Engineer’s information be a Contractor’s construction detailed schedule for the WorkWork based on the critical path method listing the relative precedence of construction activities on the critical path and float times for non-critical activities. Such Schedule shall also include Milestone Dates as designated by the Owner. Time is of the essence of the Contract. The schedule Owner’s approval shall not exceed time limits current under signify the feasibility or correctness of the Construction Schedule. Within ten days following approval of the Construction Schedule, the Contractor shall furnish the Owner with an estimated cash flow schedule showing anticipated monthly expenditures throughout the duration of the Contract Documents, shall be revised at appropriate intervals as required by Time based on the conditions Appendix A Schedule of the Work and the Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. Any float time in the schedule shall belong to the Contractor and may be used by the Contractor to optimize the construction process, manage the success of the project, finish the project early. For any loss of time due to project delays not caused by the Contractor, the schedule shall be extended and the cost for the delay will be compensableValues. §3.10.2 The Contractor shall prepare and keep current, for the Architect/Engineer’s approval, a schedule of submittals which is coordinated with Contractor’s construction schedule the Construction Schedule and allows Architect/Engineer the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules approved Construction Schedule, as the same may from time to time be modified by Change Order. 3.10.4 The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the Owner of any delays or potential delays. If any activities on the critical path fall behind, within three (3) days the Contractor will notify the Owner and will with such notice furnish a reasonably detailed plan showing the measures which will promptly be taken by the Contractor to bring activities on the critical path back onto the Construction Schedule (“Corrective Plan”), all without change to the Contract Sum or Contract Time except as otherwise provided in Section 8.3.1. Such measures to correct the delay shall include overtime and/or additional labor, if necessary. The Corrective Plan shall indicate the date by which the progress of the Work will return to compliance with the critical path of the Construction Schedule and shall be subject to the approval of the Owner and the Architect/Engineer. In no event shall any Corrective Plan constitute an adjustment in the Construction Schedule, Contract Time or any Milestone Date unless any such adjustment is authorized pursuant to a Change Order, nor shall the Construction Schedule, Contract Time or any Milestone Date be adjusted without a Change Order. §3.10.4 3.10.5 In the event Owner determines that (i) the performance of the Work Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract DocumentsConstruction Schedule and the delay is not an excusable delay under Section 8.3.1, and (ii) the progress of the Work is not brought back into compliance with the Construction Schedule on the date proposed by the Corrective Plan, or the Contractor otherwise fails to comply with the Corrective Plan, the Owner shall have the right to order the Contractor to take corrective measures necessary whatever steps the Owner deems necessary, in Owner’s discretion, to expedite the progress of constructionthe Work, including, without limitation limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment equipment, and facilities, and (3) other similar measures (hereinafter referred to collectively as “AccelerationExtraordinary Measures”), which . Such Extraordinary Measures shall continue until the progress of the Work complies with the stage critical path of completion required by the Contract DocumentsConstruction Schedule. The Owner’s right to require Acceleration Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the construction scheduleConstruction Schedule. Any failure of The Contractor shall, within three (3) days after the Owner’s request to take such Extraordinary Measures, notify the Owner or Architect/Engineer and the Architect in writing and implement the Extraordinary Measures. Except to require Acceleration shall not relieve Contractor of meeting the scheduleextent otherwise provided under Section 8.3.1, the Contract Time, or any other obligation under the Contract Documents. §3.10.5 Contractor shall not be entitled to an adjustment in the Contract Sum or Contract Time in connection with Acceleration except any Corrective Plan or any Extraordinary Measures unless and to the extent Acceleration was made that the Owner, by Construction Change Directive, directs such measures to achieve any Milestone Date by a time that is earlier than that required by the Contract Documents or as provided in a Change Order as a direct result of changes in the Work. The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10.5 as frequently as reasonably necessary by reason to ensure that the Contractor’s performance of Owner’s or Architect/Engineer’s wrongful acts or omissionsthe Work complies with the Milestone Dates set forth in the Construction Schedule.

CONTRACTOR’S CONSTRUCTION SCHEDULES. §3.10.1 Promptly The Contractor, promptly after being awarded the Contract, Contractor shall prepare and submit for Owner’s the Owner and Architect/Engineer’s information 's approval a Contractor’s 's critical path construction schedule for the Work. The schedule shall conform to and shall not exceed time limits current required under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and the ProjectContract Documents, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. Any float time in the schedule shall belong to the Contractor and may be used by the Contractor to optimize the construction process, manage the success of the project, finish the project early. For any loss of time due to project delays not caused by the Contractor, the schedule shall be extended and the cost for the delay will be compensable. §3.10.2 The Contractor shall prepare and keep current, for Architect/Engineer’s the Owner's approval, a schedule of submittals which is coordinated with the Contractor’s 's construction schedule and allows Architect/Engineer the Architect reasonable time to review submittals. §3.10.3 The Contractor shall perform the Work in general accordance with conform to the most recent schedules approved by Owner and Architect/Engineerschedules. §3.10.4 The Contractor shall hold weekly progress meetings at the Project Site, or at such other time and frequency as are acceptable to the Owner. Progress of the work shall be reported at said meetings with reference to Contractor’s construction schedule. The Contractor shall submit to the Architect with each application for payment a copy of the progress schedule showing all modifications required, and shall take whatever corrective action is necessary to assure that the project completion schedule is met at no additional cost to Owner, except as herein allowed. In the event Owner determines that Contractor shall fall behind schedule at any time, Contractor shall develop and deliver a recovery schedule and a program describing the performance of the Work has not progressed or reached the level of completion required by the Contract Documents, Owner shall have the right to order Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation (1) working additional shifts or overtime, (2) supplying additional manpower, equipment overtime, material expediting, resequencing or the Work and facilities, and (3) other similar measures (hereinafter referred steps Contractor shall take to collectively as “Acceleration”), which shall continue until meet the progress requirement of the Work complies with the stage of completion required by the Contract DocumentsContract. The Owner’s right to require Acceleration is solely for the purpose of ensuring Contractor’s compliance with the construction schedule. Any failure of Owner or Architect/Engineer to require Acceleration shall not relieve Contractor of meeting the schedule, the Contract Time, or any other obligation under the Contract Documents. §3.10.5 Contractor shall not be entitled to an adjustment compensation from the Owner or any increase in the Contract Sum in connection with Acceleration except to for the extent Acceleration was made necessary recovery schedule efforts. No approval or consent by the Owner of any plan for resequencing or acceleration of the Work submitted by Contractor shall constitute a waiver by Owner of any damages, including liquidated damages, or losses which Owner may suffer by reason of Owner’s such resequencing or Architect/Engineer’s wrongful acts the failure of Contractor to meet the Substantial Completion Date or omissionsthe Final Completion Date.