Delay and Extension of Time if, in the opinion of Engineer–in–charge the work is delayed:
i) by reason of abnormally bad weather, OR ii) by reason of serious loss or damage by fire, OR
Delay and Extension of Time.
(a) The Subcontractor is only entitled to an EOT to the Date for Practical Completion where:
(I) the progress of the Subcontract Works is actually delayed by a Qualifying Delay;
(II) the Subcontractor gives the Contactor a written notice, within 2 days after the commencement of the Qualifying Delay, setting out the cause of the Qualifying Delay and an estimate of the extent of the Qualifying Delay ;
(III) if the Qualifying Delay continues for more than 7 days, the Subcontractor provides a further written notice on the 7th day after the commencement of the Qualifying Delay to the Contractor stating that the Qualifying Delay continues and providing an estimate of when the Qualifying Delay;
(IV) the Subcontractor gives the Contractor a written notice, within 2 days after the Qualifying Delay ceases, claiming an EOT and providing details of the extent of the Qualifying Delay and the grounds on which the claim is based;
(V) the Subcontractor has taken reasonable steps to avoid and mitigate the effect of the Qualifying Delay.
(b) The Contractor will inform the Subcontractor within 28 days of receiving a claim for an EOT (“Advice on EOT”):
(I) whether or not the Contractor has granted any EOT; and
(II) if no Advice on EOT is given, then the claim is deemed to be rejected.
(c) The Subcontractor’s strict compliance with the provisions of this clause is a precondition to any right of the Subcontractor to receive an EOT.
(d) Notwithstanding that the Subcontractor is not entitled to or has not claimed an EOT, the Contractor may, at any time and from time to time before the issue of the certificate of final completion under the Head Contract, by notice in writing to the Subcontractor, extend the Date for Practical Completion for any reason in the Contractor’s absolute discretion and without being under any obligation to do so. An EOT granted by the Contractor does not entitle the Subcontractor to:
(I) an increase in the Subcontract Sum;
(II) give rise to any liability for damages arising out of or in connection with the Qualifying Delay;
(III) set time at large in respect of the Subcontractor; or
(IV) vitiate the Subcontract. 31 Acceleration
(a) The Contractor may direct the Subcontractor to accelerate the execution of the Subcontract Works or to recover any delay in the execution of the Subcontract Works (the “Acceleration Direction”) provided that the Contractor’s Direction must:
(I) be in writing;
(II) contain details of the Subcontract Works to be accelerated an...
Delay and Extension of Time. If the achievement of the Time Schedule or any Milestone will be, or has been, delayed beyond the Milestone Date applicable thereto; Mechanical Completion of the Works will be, or has been, delayed beyond the Scheduled Mechanical Completion Date; Start-up will be, or has been, delayed beyond the Scheduled Start-up Date; commencement of production of saleable pulp will be, or has been, delayed beyond the Scheduled Production Date, or Acceptance will be, or has been, delayed beyond the Scheduled Acceptance Date by reason of:
Delay and Extension of Time. If in the opinion of the Bank the works be delayed i) by force majeure or ii) by reason of any exceptionally inclement weather or iii) by reason of proceedings taken or threatened by the dispute with adjoining or neighboring Banks or public authorities arising otherwise than through the Contractor’s own default or iv) by the works or delays of other Contractors or tradesmen engaged or nominated by the Bank or the Architect/Consultant and not referred to in the Schedule of Quantities and/or Specifications or v) by reason of the Architect/Consultant’s instructions.
Delay and Extension of Time. The Contractor shall not be liable for any delay or failure to perform its obligations under the Agreement including where such failure or delay results directly or indirectly from any cause, matter or thing beyond the reasonable control of the Contractor such as the following:
Delay and Extension of Time. 6.1. The Contractor shall not be liable for any delay or failure to perform its obligations under the Agreement including where such failure or delay results directly or indirectly from any cause, matter or thing beyond the reasonable control of the Contractor such as the following:
(a) any act, default or omission on the part of the Client or its Servants; or
(b) any events occurring on or before Completion Date including but not limited to:
(i) damage by fire, explosion, earthquake, lightning, storm, flood, acts of God, civil or military authority, public enemy, war, civil commotion, strikes, labour disputes or industrial conditions;
(ii) electric power supply failure;
(iii) inclement weather;
(iv) unavailability of suitable Materials;
(v) failure of transportation affecting the Contractor, its supplier or any other person company or firm;
(vi) latent conditions;
(vii) Variations;
(viii) changes in the law; or
(ix) directions or delays by municipal, public or statutory authorities.
6.2. Where delays are caused by any of the events set out in sub-clause 6.1, the performance of the Contractor’s obligations under these terms and conditions shall be automatically suspended for the period of such delay and the Completion Date shall be extended accordingly.
Delay and Extension of Time. 10.1. The Supplier must verbally advise NSM within 30 minutes if it becomes aware that delay may occur, stating the:
a) cause, effect, anticipated duration of delay; and steps it has taken or proposes to take, to minimise and mitigate the effects of delay; and
b) a Rough Order of Magnitude (ROM) of the financial cost to remedy the cause and effects of the delay; and
c) The Supplier must notify NSM as soon as practicable after the Supplier becomes aware of a substantial change to information notified or verbally advised pursuant to this clause 10.1.
10.2. If the notice under clause 10.1 discloses an Excusable Delay and:
a) the Supplier submits a written claim for Extension of Time to the relevant NSM Representative within two (2) business days from the time the relevant delay begins to occur, including the information required by clause 10.1, NSM may grant the Supplier an Extension of Time in writing; and
b) the Supplier is not entitled to stop work while the claim is finalised or to make a claim for delay in relation to the finalisation time pursuant to this clause 1.
10.3. Subject to clause 10.1 the Supplier will have no claim for an Excusable Delay if other suppliers provide G&S adjacent to or at the same time as the Supplier and the Supplier must immediately notify NSM if a schedule conflict cannot be resolved with another supplier, and then comply with any consequent NSM direction.
10.4. Without affecting NSM’s or the Supplier’s rights in contract, law or equity, NSM may direct the Supplier to minimise and mitigate the effects of a delay, and the Supplier must comply in the time and manner directed by NSM.
10.5. The Supplier may claim the costs of delay if:
a) delay is caused by a direction, act or omission of NSM (not authorised under the PO); and
b) the Supplier successfully complies with a direction issued by NSM in relation to the delay; and
c) the Supplier provides NSM with evidence of the reasonable costs of compliance incurred by the Supplier no later than five (5) business days after complying with the direction.
Delay and Extension of Time. If the Contractor becomes aware that work under the Contract is being or is likely to be delayed for any reason, it shall as soon as practicable notify the Employer’s Representative of the delay and its cause. As soon as practicable after that, and in any event within 40 working days after the Contractor became aware of the delay, the Contractor shall give the Employer’s Representative full details of the delay and its effect on the progress of the Works. But if the Contractor has given notice and details of the delay under sub-clause 3.
Delay and Extension of Time. If in the opinion of the Developer’s Architect the Developer has been or will be delayed in acquiring Practical Completion of the Development by the expiration of the Term:- by Force Majeure; or by reason of any exceptionally inclement weather which for the purposes of this Agreement shall mean hail, snow, rain, wind or frost which in each case is greater than twice the average in respect of that element for the corresponding month in the preceding 5 years; by reason of loss or damage to the Works or ancillary matters which are covered by the insurance provisions of this Agreement; or by reasons of civil commotion, local combination of workmen, strike or lockout affecting any of the trades employed upon the Works other than strikes or lockouts which are confined to the Developer’s or any of his sub-contractor’s own work force and which is unofficial in nature then in any such case the Developer shall within five (5) Working Days of the happening of the event notify DCC’s Architect who shall, as soon as it is practicable for him to do so (having received all requested information from the Developer) make a fair and reasonable extension of time for completion of the Works. Upon the happening of any such event causing delay the Developer shall nevertheless use constantly all reasonable endeavours to prevent delay and to proceed with the Works. In determining what extension of time (if any) is fair and reasonable under this paragraph for loss or damage to the Works or ancillary matters, DCC’s Architect shall have regard in particular to any negligence, omission or default of the Developer which caused or contributed thereto. No extension of time shall be granted pursuant to this clause where any of the events above arise wholly or in part from the default negligence or omission of the Developer. For the avoidance of doubt the Developer shall not be entitled to any increase in the DCC Consideration as result of the granting of an extension of time. DAMAGES FOR NON-COMPLETION49 If the Developer fails to achieve Practical Completion of the Development by the expiration of the Term or within any extended time granted pursuant to this Agreement and DCC’s Architect (after consultation with the Developer) certifies in writing on simultaneous notice to DCC and the Developer that in his opinion the same ought reasonably to have been completed, the Developer shall pay or allow to DCC [the Liquidated and Ascertained Damages] for the period during which the said Works sh...
Delay and Extension of Time. If in the opinion of the Contract Manager the Works are delayed:
