DELAYS BEYOND CONTRACTOR’S CONTROL. For delays affecting the critical path caused by acts of God, or the public enemy, fire, unusually severe weather, earthquakes, floods, epidemics, quarantine restrictions, labor disputes, freight embargoes and other reasons beyond the Contractor’s control, the Contractor may be granted an extension of time provided that:
7.21.5.1 The Contractor notifies the Project Manager in writing within five (5) work days after the occurrence of the circumstances described above and states the possible effects on the completion date of the contract.
7.21.5.2 No time extension will be granted for weather conditions other than unusually severe weather occurrences, and floods.
7.21.5.3 The Contractor, if requested, submits to the Project Manager within ten (10) work days after the request, a written statement describing the delay to the project. The extent of delay must be substantiated as follows:
(a) State specifically the reason or reasons for the delay and fully explain in a detailed chronology the effect of this delay to the work and/or the completion date;
(b) Submit copies of purchase order, delivery tag, and any other pertinent documentation to support the time extension request;
(c) Cite the period of delay and the time extension requested; and
(d) A statement either that the above circumstances have been cleared and normal working conditions restored as of a certain day or that the above circumstances will continue to prevent completion of the project.
7.21.5.4 Time extensions shall be the exclusive relief granted and no additional compensation will be paid the Contractor for such delays.
DELAYS BEYOND CONTRACTOR’S CONTROL. 17.4.1 Delays Due to Adverse Weather Conditions: Contractor shall be responsible to consider and include within the Contract Price the climatic conditions of the location of the Project that may delay the Work, and Contractor shall not be granted an extension of Contract Times (or Milestones) or amendment of the contract or contract price for the additional cost of the Project due to a delay in the Work resulting in whole or in part from adverse weather conditions.
DELAYS BEYOND CONTRACTOR’S CONTROL. (a) If the Contractor fails to complete the Work in accordance with the Construction Schedule solely as a result of the act or neglect of the City, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, the Contractor shall not be required to pay liquidated damages to the City pursuant to paragraph (b) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (c) of Article V hereof. If, as a result of any such cause beyond the Contractor's control, the delay in completion of the Work in accordance with the Construction Schedule is so substantial that it cannot be remedied in the aforesaid manner, or if the backlog of Work is so great that it cannot be remedied without incurring additional cost which the City does not authorize, then the time of completion and the Construction Schedule shall be extended pursuant to a Change Order for the minimum period of delay occasioned by such cause. The period of delay and extension shall be determined by the City.
(b) Notwithstanding the foregoing paragraph (a), no extension of time shall be granted for any delay the cause of which occurs more than seven (7) days before claim therefore is made in writing by the Contractor to the City, and no extension of time shall be granted if the Contractor could have avoided the need for such extension by the exercise of reasonable care and foresight. In the case of a continuing cause of delay, only one claim is necessary.
(c) Weather shall not constitute a cause for granting an extension of time.
(d) In the event a delay is caused by the City, the Contractor's sole remedy shall consist of its rights under this Article VI.
DELAYS BEYOND CONTRACTOR’S CONTROL. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR.
DELAYS BEYOND CONTRACTOR’S CONTROL. (a) If the Contractor fails to complete the Work in accordance with the Construction Schedule solely as a result of the act or neglect of the City, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, the Contractor shall not be required to pay liquidated damages to the City pursuant to paragraph (d) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (d) of Article V hereof. If, as a result of any such cause beyond the Contractor's control, the delay in completion of the Work in accordance with the Construction Schedule is so great that it cannot be remedied in the aforesaid manner, or if the backlog of Work is so great that it cannot be remedied without incurring additional cost which the City does not authorize, then the time of completion and the Construction Schedule shall be extended pursuant to a Change Order for the minimum period of delay occasioned by such cause. The period of delay and extension shall be determined by the City.
(b) Notwithstanding the foregoing paragraph (a), no extension of time shall be granted for any delay the cause of which occurs more than seven (7) days before claim therefore is made in writing by the Contractor to the City, and no extension of time shall be granted if the Contractor could have avoided the need for such extension by the exercise of reasonable care and foresight, as determined by the Director of Public Works. In the case of a continuing cause of delay, only one claim is necessary.
(c) Weather may constitute a cause for granting an extension of time, but only as determined and approved by the Director of Public Works.
(d) In the event a delay is caused by the City, the Contractor's sole remedy shall consist of his rights under this Article VI.
DELAYS BEYOND CONTRACTOR’S CONTROL. (1) If the Contractor fails to complete the Work in accordance with the Construction Schedule solely as a result of the act or neglect of the City, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, the Contractor shall not be required to pay liquidated damages to the City pursuant to paragraph (2) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (3) of Article V hereof. If, as a result of any such cause beyond the Contractor's control, the delay in completion of the Work in accordance with the Construction Schedule is so great that it cannot be remedied in the aforesaid manner, or if the backlog of Work is so great that it cannot be remedied without incurring additional cost which the City does not authorize, then the time of completion and the Construction Schedule shall be extended pursuant to a Change Order for the minimum period of delay occasioned by such cause. The period of delay and extension shall be determined by the City.
(2) Notwithstanding the foregoing paragraph (1), no extension of time shall be granted for any delay the cause of which occurs more than seven (7) days before claim therefore is made in writing by the Contractor to the City, and no extension of time shall be granted if the Contractor could have avoided the need for such extension by the exercise of reasonable care and foresight. In the case of a continuing cause of delay, only one claim is necessary.
(3) Weather shall not constitute a cause for granting an extension of time.
(4) If either party shall be delayed from punctually performing any obligation or satisfying any condition under this Agreement as a result of a Force Majeure Event, then the time to perform such obligation or satisfy such condition shall be extended by the period of delay caused by such Force Majeure Event. “Force Majeure Event” means unforeseeable causes beyond Contractor’s or Owner’s control and without their fault or negligence, including, but not limited to, governmental action or inaction, war, acts of nature, riots, fires, floods, earthquakes, pandemics, epidemics, Coronavirus (COVID-19), or any other deadly and communicable virus or disease, quarantines, strikes, lockouts, or freight embargoes.
DELAYS BEYOND CONTRACTOR’S CONTROL. (a) If the Contractor fails to complete the Work and the Project in accordance with Article 6 solely as a result of the act or neglect of the City, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, the Contractor shall not be required to pay liquidated damages to the City pursuant to Article 12 hereof. If, as a result of any such cause beyond the Contractor's control, the delay in completion of the Work in accordance with Article 6 is so great that it cannot be remedied in the aforesaid manner, or if the backlog of Work is so great that it cannot be remedied without incurring additional cost which the City does not authorize, then the time of completion shall be extended. The period of delay and extension shall be determined by the City.
(b) Notwithstanding the foregoing paragraph (a), no extension of time shall be granted for any delay the cause of which occurs more than seven (7) days before claim therefore is made in writing by the Contractor to the City, and no extension of time shall be granted if the Contractor could have avoided the need for such extension by the exercise of reasonable care and foresight. In the case of a continuing cause of delay, only one claim is necessary.
(c) Weather shall not constitute a cause for granting an extension of time.
(d) In the event a delay is caused by the City, the Contractor's sole remedy shall consist of its rights under this Article 15.
DELAYS BEYOND CONTRACTOR’S CONTROL. A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
DELAYS BEYOND CONTRACTOR’S CONTROL. If the Contractor fails to complete the Work in accordance with the Construction Schedule solely as a result of the act or neglect of the City, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, the Contractor shall not be required to pay liquidated damages to the City pursuant to paragraph (b) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (c) of Article V hereof. If, as a result of any such cause beyond the Contractor's control, the delay in completion of the Work in accordance with the Construction Schedule is so great that it cannot be remedied in the aforesaid manner, or if the backlog of Work is so great that it cannot be remedied without incurring additional cost which the City does not authorize, then the time of completion and the Construction Schedule shall be extended pursuant to a Change Order for the minimum period of delay occasioned by such cause. The period of delay and extension shall be determined by the City.
DELAYS BEYOND CONTRACTOR’S CONTROL. In the event Contractor is delayed in the prosecution of the Work by change orders, labor disputes, unavailable of materials orders of the public authorities having jurisdiction thereon, or other caused beyond the Contractor’s control, time for performance shall be extended accordingly.
