Common use of CONTRACTOR’S CONSTRUCTION SCHEDULES Clause in Contracts

CONTRACTOR’S CONSTRUCTION SCHEDULES. § 9.8.1 The Contractor, promptly after being awarded the Contract and throughout the Work, shall prepare, keep § 9.8.2 The construction schedule shall be in a detailed precedence-style critical path management (“CPM”) or primavera-type format satisfactory to the Owner that shall also (i) provide a graphic representation of all activities § 9.8.3 If the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner may order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilities, and (iii) other similar measures (collectively, “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to .1 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the Owner under this Section. .2 The Owner may exercise the rights furnished the Owner in this Section as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Milestone Date or completion date set forth in the Design-Build Documents. § 9.8.4 In no event shall the Owner’s review or approval of any schedule (1) impose on the Owner any responsibility for the progress, scheduling, sequencing, or timing of the Work, or (2) relieve the Contractor from full responsibility therefor, as the Contractor is solely responsible for the preparation, accuracy, revision, and maintenance of its schedules. § 9.8.5 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect.

CONTRACTOR’S CONSTRUCTION SCHEDULES. § 9.8.1 3.10.1 Within twenty (20) days after issuance by the Owner of a written notice to proceed with construction, the Contractor shall prepare and submit a detailed construction schedule (the “Detailed Construction Schedule”) of the Work for the Owner’s written approval, showing Substantial Completion of the Work within the Contract Time. Submission of an acceptable Detailed Construction Schedule shall be a condition precedent to the receipt of any further payments under the Contract. The Detailed Construction Schedule shall be appropriately formatted using software acceptable to the Owner and shall include a sufficient number of work activities to be considered a full logic Critical Path Method (CPM) schedule. The Detailed Construction Schedule shall, at a minimum, indicate dates for commencement and completion of all critical path items (each, a “Milestone Date”) including, but not limited to, the date of Substantial Completion of the Work. Upon review and acceptance by the Owner and the Architect of the Milestone Dates, the Detailed Construction Schedule shall be deemed a part of the Contract Documents. If not accepted, the Contractor shall promptly revise the Detailed Construction Schedule in accordance with the recommendations of the Owner and the Architect and resubmit it for acceptance. The Contractor shall provide the Owner with monthly updates of the Detailed Construction Schedule, showing all as-built progress of the Work. Such updated schedules shall be in a software acceptable to the Owner. The updates to the Detailed Construction Schedule shall be submitted as part of a monthly progress report and shall be a condition precedent to Owner’s obligations to make monthly progress payments. The Owner's or Architect's silence to a submitted schedule that exceeds time limits current under the Contract Documents shall not relieve the Contractor of its obligations to meet those time limits, nor shall it make the Owner or Architect liable for any of the Contractor's damages incurred as a result of increased construction time or not meeting those time limits. Similarly, the Architect's or Owner's silence to a Contractor's schedule showing performance in advance of such time limits shall not create or infer any rights in favor of the Contractor for performance in advance of such time limits. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and throughout thereafter as necessary to maintain a current submittal schedule, and shall submit the Workschedule(s) for the Architect’s approval. The Architect’s approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall prepare, keepnot be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 9.8.2 3.10.3 The construction schedule Contractor shall be perform the Work in a detailed precedence-style critical path management (“CPM”) or primavera-type format satisfactory general accordance with the most recent schedules submitted to the Owner that shall also (i) provide a graphic representation of all activitiesand Architect. § 9.8.3 If 3.10.4 In the event the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner may shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilities, and (iii) other similar measures (collectively, “hereinafter referred to collectively as "Extraordinary Measures”"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage state of completion required by the Contract Documents. The Owner’s 's right toto required Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the construction schedule. .1 1. The Contractor shall not be entitled to an adjustment in the Contract Sum Amount in connection with Extraordinary Measures required by the Owner under or pursuant to this SectionSection 3.10.4 if the delay is due to the failure or fault of the Contractor or Subcontractors of any tier. .2 2. The Owner may exercise the rights furnished the Owner in under or pursuant to this Section 3.10.4 as frequently as the Owner deems necessary to ensure that the Contractor’s 's performance of the Work will comply with any Milestone Date or completion date set forth in the Design-Build Contract Documents. § 9.8.4 In no event shall the Owner’s review or approval of any schedule (1) impose on the Owner any responsibility for the progress, scheduling, sequencing, or timing of the Work, or (2) relieve the Contractor from full responsibility therefor, as the Contractor is solely responsible for the preparation, accuracy, revision, and maintenance of its schedules. § 9.8.5 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect.

CONTRACTOR’S CONSTRUCTION SCHEDULES. § 9.8.1 The Contractor, promptly §3.10.1 Promptly after being awarded the Contract Contract, Contractor shall prepare and throughout 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 preparebe revised at appropriate intervals as required by the conditions of the Work and the Project, keep § 9.8.2 The 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. It is specifically understood and agreed that the “float” or “slack” time for the whole or any part of the Work as provided in Contractor’s construction schedule shall be belong solely to Owner. §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 a detailed precedence-style critical path management (“CPM”) or primavera-type format satisfactory to general accordance with the most recent schedules approved by Owner that shall also (i) provide a graphic representation of all activitiesand Architect/Engineer. § 9.8.3 If §3.10.4 In the event Owner determines that the performance of the Work, as of a Milestone Date, Work has not progressed or reached the level of completion required by the Contract Documents, Owner shall have the Owner may right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, limitation (i1) working additional shifts or overtime, (ii2) supplying additional manpower, equipment, equipment and facilities, and (iii3) other similar measures (collectively, hereinafter referred to collectively as “Extraordinary MeasuresAcceleration”). Such Extraordinary Measures , which shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right toto 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. .1 The §3.10.5 Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required Acceleration except to the extent Acceleration was made necessary by the Owner under this Section. .2 The Owner may exercise the rights furnished the Owner in this Section as frequently as the Owner deems necessary to ensure that the Contractor’s performance reason of the Work will comply with any Milestone Date or completion date set forth in the Design-Build Documents. § 9.8.4 In no event shall the Owner’s review or approval of any schedule (1) impose on the Owner any responsibility for the progress, scheduling, sequencing, Architect/Engineer’s wrongful acts or timing of the Work, or (2) relieve the Contractor from full responsibility therefor, as the Contractor is solely responsible for the preparation, accuracy, revision, and maintenance of its schedulesomissions. § 9.8.5 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect.

CONTRACTOR’S CONSTRUCTION SCHEDULES. § 9.8.1 3.10.1 The ContractorProject Schedule is attached to the Agreement as an exhibit. The Project Schedule shall not be extended without the prior review and approval of the Owner and the Architect. Contractor acknowledges and agrees that it has prepared and is fully familiar with the Project Schedule, which is a critical element of its Agreement with the Owner, and agrees to be bound thereby. § 3.10.1.1 The Contractor shall on each business day prepare a daily force and activity report on a form approved by the Owner which Contractor shall make available for Owner' s review, copying and inspection at all reasonable times. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and throughout shall update the Worksame as necessary to maintain a current submittal schedule, and shall preparesubmit the schedule(s) for the Architect’s approval, keep § 9.8.2 which shall not unreasonably be delayed or withheld. The construction submittal schedule shall (1) be in a detailed precedence-style critical path management (“CPM”) or primavera-type format satisfactory to coordinated with the Owner that shall also (i) provide a graphic representation of all activities § 9.8.3 If the Owner determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the Owner may order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment, and facilitiesContractor’s construction schedule, and (iii2) other similar measures allow the Architect no less than fourteen (collectively14) calendar days to review submittals. If the Contractor fails to submit a submittal schedule, “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to .1 The Contractor shall not be entitled to an adjustment any increase in the Contract Sum in connection with Extraordinary Measures or extension of Contract Time based on the time required by the Owner under this Section. .2 The Owner may exercise the rights furnished the Owner in this Section as frequently as the Owner deems necessary to ensure that the Contractor’s performance for review of the Work will comply with any Milestone Date or completion date set forth in the Design-Build Documentssubmittals. § 9.8.4 In no event shall the Owner’s review or approval of any schedule (1) impose on the Owner any responsibility for the progress, scheduling, sequencing, or timing of the Work, or (2) relieve the Contractor from full responsibility therefor, as the Contractor is solely responsible for the preparation, accuracy, revision, and maintenance of its schedules. § 9.8.5 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedule schedules submitted to the Owner and Architect as required to complete the Work within the Contract Time and as required by the Contract Documents. The schedule for the Work shall be maintained and updated monthly (or more frequently if the Owner reasonably determines that it is necessary) in such form (e.g. bar chart, CPM) and shall contain such information as the Owner and Architect may reasonably request. In addition, if requested by the Owner or Architect., the Contractor shall provide such additional information (such as daily force and activity reports, material purchase and delivery status reports and reports of progress against schedule milestones) as are reasonably necessary to monitor the status of the Work and respond to any delays thereto. Contractor shall also provide Owner with reasonable advance notice, whenever practicable, of the completion of various milestones and or Phases prior to their actual completion (for instance, if Contractor assumes the completion of the then-current phase within the next thirty (30) days, Contractor should specifically apprise the Owner of same, separate and apart from any other reporting obligations Contractor might have elsewhere in the Contract Documents). Notwithstanding anything to the contrary herein,