Common use of Delay and Delay Damage Limitations; Derivative Claims Clause in Contracts

Delay and Delay Damage Limitations; Derivative Claims. 8.6.1 Subject to other provisions of the Contract, the Contractor will be entitled to an extension of the Contract Times on account of delay in the commencement or progress of Work on the critical path of the Construction Progress Schedule 8.6.2 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum, or an extension of the Contract Times, or both: 8.6.2.1 on account of the impact of any normal adverse weather on any of the Work or on account of the impact of any abnormal adverse weather on Work not on the critical path; 8.6.2.2 to the extent that a delay occurs concurrently with a delay attributable to the Contractor; or 8.6.2.3 on account of the delay of any Work not on the critical path. 8.6.3 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum or any type of damages on account of a delay in the commencement or progress of Work on the critical path unless (1) the delay is caused by the Owner and (2) the delay was not authorized or permitted under the Contract. 8.6.4 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum or any type of damages arising from a delay in the commencement or progress of any of the Work caused by the occurrence or non-occurrence of an event beyond the Owner’s control such as acts of Nature or the public enemy, acts of the government, fires, floods, epidemics, labor disputes, unusual delivery delays, weather, or damages caused by the Contractor.

Delay and Delay Damage Limitations; Derivative Claims. 8.6.1 Subject to other provisions of the Contract, the Contractor CM will be entitled only to an extension of the Contract Times on account of delay in the commencement or progress of Work on the critical path of the Construction Progress ScheduleSchedule caused by acts of Nature or the public enemy, acts of the government not arising from the CM’s failure to comply with Applicable Law, fires, floods, epidemics, weather, and labor disputes beyond the CM’s control. 8.6.2 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum, or an extension of the Contract Times, or both: 8.6.2.1 on account of the impact of any normal adverse weather on any of the Work or on account of the impact of any abnormal adverse weather on Work not on the critical path; 8.6.2.2 to the extent that a delay occurs concurrently with a delay attributable to the ContractorCM; or 8.6.2.3 on account of the delay of any Work not on the critical path. 8.6.3 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum or any type of damages on account of a delay in the commencement or progress of Work on the critical path unless (1) the delay is caused by the Owner and (2) the delay was not authorized or permitted under the Contract. 8.6.4 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum or any type of damages arising from a delay in the commencement or progress of any of the Work caused by the occurrence or non-occurrence of an event beyond the Owner’s control such as acts of Nature or the public enemy, acts of the government, fires, floods, epidemics, labor disputes, unusual delivery delays, weather, or damages caused by the ContractorCM.

Delay and Delay Damage Limitations; Derivative Claims. 8.6.1 Subject to other provisions of the Contract, the Contractor DB will be entitled to an extension of the Contract Times on account of delay in the commencement or progress of Work on the critical path of the Construction Progress ScheduleSchedule caused by acts of Nature or the public enemy, acts of the government not arising from the DB’s failure to comply with Applicable Law, fires, floods, epidemics, weather, and labor disputes beyond the DB’s control. 8.6.2 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor DB shall not be entitled to an increase in the Contract Sum, or an extension of the Contract Times, or both: 8.6.2.1 on account of the impact of any normal adverse weather on any of the Work or on account of the impact of any abnormal adverse weather on Work not on the critical path; 8.6.2.2 to the extent that a delay occurs concurrently with a delay attributable to the ContractorDB; or 8.6.2.3 on account of the delay of any Work not on the critical path. 8.6.3 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor DB shall not be entitled to an increase in the Contract Sum or any type of damages on account of a delay in the commencement or progress of Work on the critical path unless (1) the delay is caused by the Owner and (2) the delay was not authorized or permitted under the Contract. 8.6.4 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor DB shall not be entitled to an increase in the Contract Sum or any type of damages arising from a delay in the commencement or progress of any of the Work caused by the occurrence or non-occurrence of an event beyond the Owner’s control such as acts of Nature or the public enemy, acts of the government, fires, floods, epidemics, labor disputes, unusual delivery delays, weather, or damages caused by the ContractorDB.

Delay and Delay Damage Limitations; Derivative Claims. 8.6.1 Subject to other provisions of the Contract, the Contractor will be entitled to an extension of the Contract Times on account of delay in the commencement or progress of Work on the critical path of the Construction Progress ScheduleSchedule caused by acts of Nature or the public enemy, acts of the government not arising from the Contractor’s failure to comply with Applicable Law, fires, floods, epidemics, weather, and labor disputes beyond the Contractor’s control. 8.6.2 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum, or an extension of the Contract Times, or both: 8.6.2.1 on account of the impact of any normal adverse weather on any of the Work or on account of the impact of any abnormal adverse weather on Work not on the critical path; 8.6.2.2 to the extent that a delay occurs concurrently with a delay attributable to the Contractor; or 8.6.2.3 on account of the delay of any Work not on the critical path. 8.6.3 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum or any type of damages on account of a delay in the commencement or progress of Work on the critical path unless (1) the delay is caused by the Owner and (2) the delay was not authorized or permitted under the Contract. 8.6.4 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor shall not be entitled to an increase in the Contract Sum or any type of damages arising from a delay in the commencement or progress of any of the Work caused by the occurrence or non-occurrence of an event beyond the Owner’s control such as acts of Nature or the public enemy, acts of the government, fires, floods, epidemics, labor disputes, unusual delivery delays, weather, or damages caused by the Contractor.

Delay and Delay Damage Limitations; Derivative Claims. 8.6.1 Subject to other provisions of the Contract, the Contractor CM will be entitled to an extension of the Contract Times on account of delay in the commencement or progress of Work on the critical path of the Construction Progress ScheduleSchedule caused by acts of Nature or the public enemy, acts of the government not arising from the CM’s failure to comply with Applicable Law, fires, floods, epidemics, weather, and labor disputes beyond the CM’s control. 8.6.2 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum, or an extension of the Contract Times, or both: 8.6.2.1 on account of the impact of any normal adverse weather on any of the Work or on account of the impact of any abnormal adverse weather on Work not on the critical path; 8.6.2.2 to the extent that a delay occurs concurrently with a delay attributable to the ContractorCM; or 8.6.2.3 on account of the delay of any Work not on the critical path. 8.6.3 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum or any type of damages on account of a delay in the commencement or progress of Work on the critical path unless (1) the delay is caused by the Owner and (2) the delay was not authorized or permitted under the Contract. 8.6.4 Notwithstanding any other provision of the Contract Documents to the contrary, the Contractor CM shall not be entitled to an increase in the Contract Sum or any type of damages arising from a delay in the commencement or progress of any of the Work caused by the occurrence or non-occurrence of an event beyond the Owner’s control such as acts of Nature or the public enemy, acts of the government, fires, floods, epidemics, labor disputes, unusual delivery delays, weather, or damages caused by the ContractorCM.