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. 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. 37 25 EXPEDITING PROGRESS OF WORKS 41
Delay and Extension of Time. 6 . 1 If the works are delayed by all or any of the following causes: 6 .
1 . 1 act of God or vis major ; or
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. 8.1 In the event Work performed by Contractor fails to conform with the generally accepted engineering standards, or Contractor personnel is incompetent for the assigned works, IMPAX or the supervisors assigned by IMAX may notify Contractor at any time and Contractor shall make corrections as instructed by IMPAX or the supervisors without requesting additional payment, and shall maintain the original schedule.
8.2 In the event of delays or inability to fulfill contractual obligations due to Force Majeure, the affected party shall not be deemed in breach of the Agreement.
8.3 If the Contractor fails to meet any of the deadlines provided in Article 5 of this Agreement or in delay with his other contractual duties of which the performance shall be due the latest at the written demand from IMPAX, he shall pay a liquidated damage and not as a penalty for each day of delay. The daily liquidated damages for not meeting such contractual duty shall be 0.1% of the Agreement Sum up to the limit of 20% hereof.
8.4 If any of the deadlines must be extended as a result of one of the following circumstances, the Contractor shall notify IMPAX of his request by a written notice together with supporting documents. IMPAX may at his option extend the deadline after evaluating Contractor justifications for the delay and therefore waive the liquidated damage:
a. As a consequence of Force Majeure;
b. Any Agreement amendment for which Contractor is not responsible or Contractor suspension of the project execution as notified by IMPAX;
c. IMPAX has not provided the required information, equipment or sites to Contractor or taken the required matching measures such as evaluation or approval in accordance with the Agreement requirements;
d. Any delay for which another supplier establishing a contractual relationship with IMPAX is responsible;
e. Any other causes for which IMPAX is liable or Contractor is not responsible.
Delay and Extension of Time. If in the opinion of the Contract Manager the Works are delayed:
