Common use of Delay and Extensions of Time Clause in Contracts

Delay and Extensions of Time. Subject to any limitations, claims submission requirements and other conditions set forth in the Contract Documents, and provided that no relief will be available to the extent that (i) the events are within Contractor’s or Contractor Parties’ control, or are due to any wrongful act, wrongful omission, negligent act or negligent omission, recklessness, willful misconduct, breach of Contract or Law or violation of a Governmental Approval of Contractor or any of the Contractor Parties; or (ii) the events (or the effects of such events) could have been avoided by the exercise of reasonable caution, due diligence, or other reasonable efforts by Contractor or Contractor Parties, ATL will only grant an extension of time if the Contractor is delayed in the progress of the Work and the delay is the direct result of (1) a negligent act of ATL or ATL Designated Representatives, or (2) an event listed in Section 42.4 (Time of the Essence/Force Majeure). If and when such event occurs, then the time of completion set forth in the Contractor’s Schedule shall, unless otherwise agreed to in writing by the Parties, be extended equal to the time lost as a result of the delay. The Contractor expressly agrees that the Contractor's sole and exclusive remedy for delay shall be an extension of Contract time and that the Contractor shall not be entitled to any damages and shall make no demand for any damages. No such extension shall be made for delay occurring more than ten (10) Days before claim thereof is made in writing to ATL. In the case of a continuing cause of delay, only one claim is necessary, but no claim for a continuing delay shall be valid unless the Contractor, within ten Days from the cessation of the delay, shall have given notice in writing to ATL, with copy to ATL, as to the amount of additional time claimed.

Delay and Extensions of Time. Subject to any limitations, claims submission requirements and other conditions set forth in the Contract Documents, and provided that no relief will be available to the extent that (i) the events are within TSI Contractor’s or TSI Contractor Parties’ control, or are due to any wrongful act, wrongful omission, negligent act or negligent omission, recklessness, willful misconduct, breach of Contract or Law or violation of a Governmental Approval of TSI Contractor or any of the TSI Contractor Parties; or (ii) the events (or the effects of such events) could have been avoided by the exercise of reasonable caution, due diligence, or other reasonable efforts by TSI Contractor or TSI Contractor Parties, ATL SRTA will only grant an extension of time if the TSI Contractor is delayed in the progress of the Work and the delay is the direct result of (1) a negligent act of ATL SRTA, (2) the performance of work by the Civil Contractor (or ATL Designated RepresentativesGDOT’s other contractors) within the Right of Way that directly disrupts TSI Contractor’s on-site Work, or (23) an event listed in Section 42.4 44.3 (Time of the Essence/Force Majeure). If and when such event occurs, then the time of completion set forth in the TSI Contractor’s Schedule shall, unless otherwise agreed to in writing by the Parties, be extended equal to the time lost as a result of the delay. The TSI Contractor expressly agrees that the TSI Contractor's sole and exclusive remedy for delay shall be an extension of Contract time and that the TSI Contractor shall not be entitled to any damages and shall make no demand for any damages. No such extension shall be made for delay occurring more than ten (10) Days before claim thereof is made in writing to ATLSRTA. In the case of a continuing cause of delay, only one claim is necessary, but no claim for a continuing delay shall be valid unless the TSI Contractor, within ten Days from the cessation of the delay, shall have given notice in writing to ATLSRTA, with copy to ATLSRTA, as to the amount of additional time claimed.

Delay and Extensions of Time. Subject to any limitations, claims submission requirements and other conditions set forth in the Contract Documents, and provided that no relief will be available to the extent that (i) the events are within TSI Contractor’s or TSI Contractor Parties’ control, or are due to any wrongful act, wrongful omission, negligent act or negligent omission, recklessness, willful misconduct, breach of Contract or Law or violation of a Governmental Approval of TSI Contractor or any of the TSI Contractor Parties; or (ii) the events (or the effects of such events) could have been avoided by the exercise of reasonable caution, due diligence, or other reasonable efforts by TSI Contractor or TSI Contractor Parties, ATL SRTA will only grant an extension of time if the TSI Contractor is delayed in the progress of the Work and the delay is the direct result of (1) a negligent act of ATL SRTA, (2) the performance of work by the Civil Contractor (or ATL Designated RepresentativesGDOT’s other contractors) within the Right of Way that directly disrupts TSI Contractor’s on-site Work, or (23) an event listed in Section 42.4 42.3 (Time of the Essence/Force Majeure). If and when such event occurs, then the time of completion set forth in the TSI Contractor’s Schedule shall, unless otherwise agreed to in writing by the Parties, be extended equal to the time lost as a result of the delay. The TSI Contractor expressly agrees that the TSI Contractor's sole and exclusive remedy for delay shall be an extension of Contract time and that the TSI Contractor shall not be entitled to any damages and shall make no demand for any damages. No such extension shall be made for delay occurring more than ten (10) Days before claim thereof is made in writing to ATLSRTA. In the case of a continuing cause of delay, only one claim is necessary, but no claim for a continuing delay shall be valid unless the TSI Contractor, within ten Days from the cessation of the delay, shall have given notice in writing to ATLSRTA, with copy to ATLSRTA, as to the amount of additional time claimed.