Delay by Owner or Design Professional Sample Clauses

Delay by Owner or Design Professional. If the Contractor is delayed in the progress of the Work between the Proceed Order Date and the Material Completion and Occupancy Date, as amended, by an act or neglect of the Owner, Owner's employees, Design Professional or Separate Contractors employed by the Owner, or by other causes beyond the Contractor’s control which the Design Professional determines are the fault of the Owner or the Design Professional and may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Design Professional and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the Contractor has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the Contractor, the Contractor's agents or employees did not materially contribute to such causes; and (iv) the Contractor shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the Contractor first becomes aware of such delay.
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Delay by Owner or Design Professional. If the CM/GC is delayed in the progress of the Work between the Proceed Order Date and the Material Completion Date, by an act or neglect of the Owner, Owner's employees, Design Professional or Separate Contractors employed by the Owner, or by other causes beyond the CM/GC's control which the Design Professional determines are the fault of the Owner or the Design Professional and may justify delay, then the Contract Sum may be adjusted and the Contract Time will be extended by Change Order for such reasonable time as the Design Professional and Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule‟s critical path; (ii) the CM/GC has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the CM/GC, the CM/GC's agents or employees did not materially contribute to such causes; and (iv) the CM/GC shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the CM/GC first becomes aware of such delay. Extension of time and compensation for compensable delay are to be processed as a Change Order pursuant to Paragraphs 3.4.6 and 3.4.7.
Delay by Owner or Design Professional. If the Contractor is delayed in the progress of the Work between the Proceed Order Date and the Material Completion and Occupancy Date, as amended, by an act or neglect of the Owner, Owner's employees, Design Professional or Separate Contractors employed by the Owner, or by other causes beyond the Contractor’s control which the Design Professional determines are the fault of the Owner or the Design Professional and may justify delay, then the Contract Time will be extended by Change Order for such reasonable time as the Design Professional and the Owner may determine; provided, however, that (i) such delays extend the Overall Project Schedule’s critical path; (ii) the Contractor has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the Contractor, the Contractor's agents or employees did not materially contribute to such causes; and
Delay by Owner or Design Professional. This Section applies to delays caused by an act or neglect of Owner, Design Professional, or Separate Contractor.

Related to Delay by Owner or Design Professional

  • Design Professional The architect or engineer or architectural or engineering firm selected by Owner (i) for the design and preparation of Contract Documents governing the construction of a Project, or (ii) for construction contract administration under the Contract Documents, or (iii) for both, all such services and the scope thereof to be set forth in the Design Professional Contract. The Design Professional is not an employee of the Owner but is engaged or retained by it for the purpose of performing design and construction administration services for the project. The term “Design Professional” includes architects, engineers, surveyors, designers, and other consultants retained by the Design Professional.

  • Note to Design Professional Please insert the number of additional Days allowed and the new Material Completion and Occupancy Date, or, if no additional time is allowed, insert “0” for the Days and “No Change” for the date.

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