Common use of DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Clause in Contracts

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 15 WEEKS from the date of commencement, or as follows: , subject to adjustments of this Contract Time as provided in the Contract Documents. NONE Should the Contractor fail for any reason to achieve total Substantial Completion by the date set forth in Section 3.3, the Contractor shall pay liquidated damages (and any attorneys’ fees, as discussed below) to the Owner in the amount set forth above. The Parties agree that such liquidated damages are reasonable estimate of the damages which Owner will suffer from such delay. Should litigation or arbitration arise regarding the Contract Documents or the Work, attorneys’ fees shall be awarded to the party who prevails in such litigation or arbitration. An award of liquidated damages under this provision shall not preclude Owner’s right to recover attorneys’ fees. It is understood that the Contractor shall make all reasonable efforts to maintain the current project schedule as included in this contract and subsequent revisions. The Contractor shall not be entitled to additional or extended general condition costs due to the Contractor’s failure to complete all work on schedule unless such failure is a result of an Owner initiated change in scope of Work and Contractor followed the applicable procedures for requesting such additional compensation pursuant to the General Conditions and notified Owner, in writing, promptly of the change in Scope of Work.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

AutoNDA by SimpleDocs

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 15 ZERO WEEKS from the date of commencement, or as follows: Portion of Work Substantial Completion Date DATE , subject to adjustments of this Contract Time as provided in the Contract Documents. NONE Should the Contractor fail for any reason to achieve total Substantial Completion by the date set forth in Section 3.3, the Contractor shall pay liquidated damages (and any attorneys’ fees, as discussed below) to the Owner in the amount set forth above. The Parties agree that such liquidated damages are reasonable estimate of the damages which Owner will suffer from such delay. Should litigation or arbitration arise regarding the Contract Documents or the Work, attorneys’ fees shall be awarded to the party who prevails in such litigation or arbitration. An award of liquidated damages under this provision shall not preclude Owner’s right to recover attorneys’ fees. It is understood that the Contractor shall make all reasonable efforts to maintain the current project schedule as included in this contract and subsequent revisions. The Contractor shall not be entitled entitle to additional or extended general condition costs due to the Contractor’s failure to complete all work on schedule unless such failure is a result of an Owner initiated change in scope of Work and Contractor followed the applicable procedures for requesting such additional compensation pursuant to the General Conditions and notified Owner, in writing, promptly of the change in Scope of Work.

Appears in 1 contract

Samples: Construction Contract

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!