Common use of DELAY IN PERFORMANCE Clause in Contracts

DELAY IN PERFORMANCE. 16.2.1 The Construction Manager must complete the work within the time specified. Upon request and approval as provided for in the Contract Documents, County may grant an extension of the allowable Contract Time when Work on the critical path is delayed by factors or impacts determined to be beyond the Construction Manager’s control which could not have been reasonably anticipated or contemplated at the time bids for the Work were received. Extension of the Contract Time will not be granted for impacts or delays due to fault or negligence of the Construction Manager, or for reasonable anticipated adverse weather conditions. No claim for an extension of time for delays will be considered unless notice is provided to the County in writing within five (5) business days after commencement of each such occurrence stating the probably duration of the delay and unless the Construction Manager establishes by critical path method (CPM) analysis that the impact affects the critical path of the project and delayed the planned Substantial Completion date of the Work 16.2.2 The extension of time provided for in Paragraph 16.2.1 will be the Construction Manager’s sole remedy for any delay. The County will not be obligated or liable to the Construction Manager for, and the Construction Manager expressly waives any claims against the County on account of, any damages, costs or expenses of any nature whatsoever which the Construction Manager, its subcontractors of any tier or any other person may incur as a result of any delays, interference, suspensions, rescheduling, changes in sequence, congestion, disruptions or the like, it being understood and agreed that the Construction Manager’s sole and exclusive remedy in such event will be an extension of the schedule as provided for above. Without limitation, the Construction Manager waives claims relating to damages, delay damages or time-related costs or damages, including, without limitation: (1) profit on the additional costs beyond those as allowed elsewhere in the documents; (2) loss of anticipated profit; (3) indirect expenses; (4) impact costs; (5) loss of productivity; (6) inefficiency costs; (7) home- office overhead; (8) consequential damages, including but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency; and (9) legal fees, claims preparation, expenses, or costs of dispute resolution. However, this provision will not preclude the recovery of damages by the Construction Manager for hindrances or delays due solely to fraud, bad faith or active interference on the part of the County. 16.2.3 Claims relating to time will be made in accordance with the applicable provisions of Chapter 3, Article 9. 16.2.4 In the event the Construction Manager is delayed through fraud, bad faith or active interference of the County, or is delayed as a result of the County’s requested Change Order that impacts the critical path, then the Construction Manager will be entitled to compensation in the same manner as set forth in Chapter 1, Paragraph 4.3. Additionally, in the event the Construction Manager’s delay is deemed compensable by a court of competent jurisdiction, then the Construction Manager’s compensation will be determined as set forth in Chapter 1, Paragraph 4.3.

DELAY IN PERFORMANCE. 16.2.1 The Construction Manager must expressly agrees to complete the work within the time specified. Upon request and approval as provided for in the Contract Documents, County Owner may grant an extension of the allowable Contract Time when Work on the critical path is delayed by factors or impacts determined to be beyond the Construction Manager’s control which could not have been reasonably anticipated or contemplated at the time bids for the Work were received. Extension of the Contract Time will not be granted for impacts or delays due to fault or negligence of the Construction Manager, or for reasonable anticipated adverse weather conditions. No claim for an extension of time for delays will shall be considered unless notice is provided to the County Owner in writing within five (5) business days after commencement of each such occurrence stating the probably duration of the delay and unless the Construction Manager establishes by critical path method (CPM) analysis that the impact affects the critical path of the project and delayed the planned Substantial Completion date of the Work 16.2.2 The extension of time provided for in Paragraph 16.2.1 will shall be the Construction Manager’s sole remedy for any delay. The County will Owner shall not be obligated or liable to the Construction Manager for, and the Construction Manager expressly waives any claims against the County Owner on account of, any damages, costs or expenses of any nature whatsoever which the Construction Manager, its subcontractors of any tier or any other person may incur as a result of any delays, interference, suspensions, rescheduling, changes in sequence, congestion, disruptions or the like, it being understood and agreed that the Construction Manager’s sole and exclusive remedy in such event will shall be an extension of the schedule as provided for above. Without limitation, the Construction Manager waives claims relating to damages, delay damages or time-related costs or damages, including, without limitation: (1) profit on the additional costs beyond those as allowed elsewhere in the documents; (2) loss of anticipated profit; (3) indirect expenses; (4) impact costs; (5) loss of productivity; (6) inefficiency costs; (7) home- home-office overhead; (8) consequential damages, including but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency; and (9) legal fees, claims preparation, expenses, or costs of dispute resolution. However, this provision will shall not preclude the recovery of damages by the Construction Manager for hindrances or delays due solely to fraud, bad faith or active interference on the part of the CountyOwner. 16.2.3 Claims relating to time will shall be made in accordance with the applicable provisions of Chapter 3, Article 9. 16.2.4 In the event the Construction Manager is delayed through fraud, bad faith or active interference of the CountyOwner, or is delayed as a result of the County’s an Owner requested Change Order that impacts the critical path, then the Construction Manager will shall be entitled to compensation in the same manner as set forth in Chapter 1, Paragraph 4.3. Additionally, in the event the Construction Manager’s delay is deemed compensable by a court of competent jurisdiction, then the Construction Manager’s compensation will shall be determined as set forth in Chapter 1, Paragraph 4.3.

DELAY IN PERFORMANCE. 16.2.1 The Construction Manager must complete A. If any circumstance occurs or has occurred that may delay the work within performance of any obligation under this Agreement, whether or not caused by Force Majeure, the time specified. Upon request and approval as provided for in Settling Parties shall orally notify the Contract Documents, County may grant an extension of the allowable Contract Time when Work on the critical path is delayed by factors or impacts determined to be beyond the Construction Manager’s control which could not have been reasonably anticipated or contemplated at the time bids for the Work were received. Extension of the Contract Time will not be granted for impacts or delays due to fault or negligence of the Construction Manager, or for reasonable anticipated adverse weather conditions. No claim for an extension of time for delays will be considered unless notice is provided to the County in writing LAT within five (5) business days of the time that the Settling Parties first knew or should have known that the circumstances might cause a delay. Within five (5) days thereafter, the Settling Parties shall provide in writing to the Trustees a detailed description of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for implementation of any measures to be taken to prevent or mitigate the delay; the Settling Parties’ rationale for attributing such a delay to a Force Majeure if it intends to assert such a claim; and a statement as to whether, in the opinion of the Settling Parties, such circumstances may cause or contribute to an endangerment to public health or the environment. The Settling Parties shall include with any notice all available documentation supporting their claim that the delay was attributable to a Force Majeure. Failure to comply with the above requirements shall preclude the Settling Parties from asserting any claim of Force Majeure for that circumstance for the period of time of such failure to comply, and for any additional delay caused by such failure. The Settling Parties shall be deemed to know of any circumstances of which the Settling Parties, any entity controlled by the Settling Parties, or the Settling Parties’ contractors knew or should have known. B. If the Trustees agree that the delay or anticipated delay is attributable to a Force Majeure, the time for performance of the obligations under this Agreement that are affected by the Force Majeure will be extended by the Trustees for such time as necessary to complete the obligations. An extension of the time for performance of the obligations affected by the Force Majeure shall not, of itself, extend the time for performance of any other obligation. If the Trustees do not agree that the delay or anticipated delay has been or will be caused by a Force Majeure, the Trustees will notify the Settling Parties in writing of their decision. If the Trustees agree that the delay is attributable to a Force Majeure, the Trustees will notify the Settling Parties in writing of the length of the extension, if any, for performance of the obligations affected by the Force Majeure. C. If the Settling Parties elect to invoke the dispute resolution procedures set forth in Section VIII (Dispute Resolution) regarding the Trustees’ notice under Paragraph VII.B, they shall do so no later than fifteen (15) days after commencement receipt of each the Trustees’ notice. In any such occurrence stating proceeding, the probably Settling Parties shall have the burden of demonstrating by a preponderance of the evidence that the delay or anticipated delay has been or will be caused by Force Majeure, that the duration of the delay or the extension sought was or will be warranted under the circumstances, that best efforts were exercised to avoid and unless mitigate the Construction Manager establishes by critical path method (CPM) analysis effects of the delay, and that the impact affects Settling Parties complied with the critical path requirements of Paragraph VII.A above. If the Settling Parties carry this burden, the delay at issue shall not be deemed to be a violation by the Settling Parties of the project and delayed the planned Substantial Completion date affected obligation of the Work 16.2.2 The extension of time provided for in Paragraph 16.2.1 will be the Construction Manager’s sole remedy for any delay. The County will not be obligated or liable this Agreement identified to the Construction Manager for, and the Construction Manager expressly waives any claims against the County on account of, any damages, costs or expenses of any nature whatsoever which the Construction Manager, its subcontractors of any tier or any other person may incur as a result of any delays, interference, suspensions, rescheduling, changes in sequence, congestion, disruptions or the like, it being understood and agreed that the Construction Manager’s sole and exclusive remedy in such event will be an extension of the schedule as provided for above. Without limitation, the Construction Manager waives claims relating to damages, delay damages or time-related costs or damages, including, without limitation: (1) profit on the additional costs beyond those as allowed elsewhere in the documents; (2) loss of anticipated profit; (3) indirect expenses; (4) impact costs; (5) loss of productivity; (6) inefficiency costs; (7) home- office overhead; (8) consequential damages, including but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency; and (9) legal fees, claims preparation, expenses, or costs of dispute resolution. However, this provision will not preclude the recovery of damages by the Construction Manager for hindrances or delays due solely to fraud, bad faith or active interference on the part of the CountyTrustees. 16.2.3 Claims relating to time will be made in accordance with the applicable provisions of Chapter 3, Article 9. 16.2.4 In the event the Construction Manager is delayed through fraud, bad faith or active interference of the County, or is delayed as a result of the County’s requested Change Order that impacts the critical path, then the Construction Manager will be entitled to compensation in the same manner as set forth in Chapter 1, Paragraph 4.3. Additionally, in the event the Construction Manager’s delay is deemed compensable by a court of competent jurisdiction, then the Construction Manager’s compensation will be determined as set forth in Chapter 1, Paragraph 4.3.

DELAY IN PERFORMANCE. 16.2.1 The Construction Manager must complete the work within the time specified. Upon request and approval as provided for in the Contract Documents, County may grant an extension of the allowable Contract Time when Work on the critical path is delayed by factors or impacts determined to be beyond the Construction Manager’s control which could not have been reasonably anticipated or contemplated at the time bids for the Work were received. Extension of the Contract Time will not be granted for impacts or delays due to fault or negligence of the Construction Manager, or for reasonable anticipated adverse weather conditions. No claim for an extension of time for delays will be considered unless notice is provided to the County in writing within five (5) business days after commencement of each such occurrence stating the probably probable duration of the delay and unless the Construction Manager establishes by critical path method (CPM) analysis that the impact affects the critical path of the project and delayed the planned Substantial Completion date of the Work 16.2.2 The extension of time provided for in Paragraph 16.2.1 will be the Construction Manager’s sole remedy for any delay. The County will not be obligated or liable to the Construction Manager for, and the Construction Manager expressly waives any claims against the County on account of, any damages, costs or expenses of any nature whatsoever which the Construction Manager, its subcontractors of any tier or any other person may incur as a result of any delays, interference, suspensions, rescheduling, changes in sequence, congestion, disruptions or the like, it being understood and agreed that the Construction Manager’s sole and exclusive remedy in such event will be an extension of the schedule as provided for above. Without limitation, the Construction Manager waives claims relating to damages, delay damages or time-related costs or damages, including, without limitation: (1) profit on the additional costs beyond those as allowed elsewhere in the documents; (2) loss of anticipated profit; (3) indirect expenses; (4) impact costs; (5) loss of productivity; (6) inefficiency costs; (7) home- office overhead; (8) consequential damages, including but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency; and (9) legal fees, claims preparation, expenses, or costs of dispute resolution. However, this provision will not preclude the recovery of damages by the Construction Manager for hindrances or delays due solely to fraud, bad faith or active interference on the part of the County. 16.2.3 Claims relating to time will be made in accordance with the applicable provisions of Chapter 3, Article 9. 16.2.4 In the event the Construction Manager is delayed through fraud, bad faith faith, or active interference of the County, or is delayed as a result of the County’s requested Change Order that impacts the critical path, then the Construction Manager will be entitled to compensation in the same manner as set forth in Chapter 1, Paragraph 4.3. Additionally, in the event the Construction Manager’s delay is deemed compensable by a court of competent jurisdiction, then the Construction Manager’s compensation will be determined as set forth in Chapter 1, Paragraph 4.3.