Common use of Delay in Performance of Contract Clause in Contracts

Delay in Performance of Contract. 12.2.1 The Contractor shall diligently and timely prosecute the Work under the Contract. The Work shall be “complete” only after certification of Final Completion by the County. 12.2.2 If the Contractor’s progress in completing the Work is delayed for any reasons beyond the Contractor’s control (including, but not limited to acts, errors, omissions or conduct of the County or CEI or A/E) Contractor’s exclusive remedy shall be to request an extension of the time allowed for completion of the Work under this Contract. Under no circumstances, shall Contractor be entitled to claim or recover monetary damages resulting from any such delay, except as specifically allowed by the Contract Documents. 12.2.3 The Contractor shall notify the County in writing of such delay and the cause thereof, in accordance with the Construction Contract and Specifications. The CEI or A/E shall then ascertain the facts and the extent of the delay, inform the County, and determine if County agrees to provide an extension of the Contract Time in an amount equal to time lost due to delays beyond the control of the Contractor. If the Contractor objects to any adjustment made by the County under this clause, such dispute shall be determined in accordance with Article 16 of these General Conditions. 12.2.4 No such extension of time shall be deemed a waiver by the County of its right to terminate the Contract for abandonment or delay by the Contractor as provided in the Contract, nor shall such extension be deemed to relieve the Contractor from full responsibility for performance of its obligations hereunder.