Common use of Delay by Owner or Design Professional Clause in Contracts

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.

Delay by Owner or Design Professional. If the Contractor CM/GC 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 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 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 CM/GC has taken all reasonable actions to mitigate the effects of the delay on the Work; (iii) the fault or negligence of the ContractorCM/GC, the ContractorCM/GC's agents or employees did not materially contribute to such causes; and (iv) the Contractor CM/GC shall have notified Owner of the cause or causes of such delay within fourteen days from the date on which the Contractor CM/GC first becomes aware of such delay.

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 '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 may 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 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. Extension of time and compensation for compensable delay are to be processed as a Change Order pursuant to Sections 3.2.6 and 3.2.7.