Common use of Delays Beyond Contractor's Control Clause in Contracts

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.

Appears in 5 contracts

Samples: City Contractor Agreement, City Contractor Agreement, City Contractor Agreement

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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 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.

Appears in 5 contracts

Samples: City Contractor Agreement, City Contractor Agreement, City Contractor Agreement

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 (bd) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (cd) 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 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.

Appears in 2 contracts

Samples: City Contractor Agreement, City Contractor Agreement

Delays Beyond Contractor's Control. (a1) 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 (b2) of Article V hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph (c3) 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 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.

Appears in 1 contract

Samples: City Contractor Agreement

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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 CityOwner, or by strikes, lockouts, fire or other similar causes beyond the Contractor's ’s reasonable control, then, and to the extent of such delays, 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 Contractor’s best efforts to remedy the delay in the manner specified in paragraph Paragraph (c) of Article V hereof. If, as a result of any such cause beyond the Contractor's ’s reasonable control, the delay in completion of the Work in accordance with the Construction Schedule is so substantial great that it cannot be remedied in the aforesaid manner, or if the backlog of Work work is so great that it cannot be remedied without incurring additional cost which the City Owner 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 CityOwner.

Appears in 1 contract

Samples: Owner Contractor Agreement

Delays Beyond Contractor's Control. (a) If the Contractor fails to complete the Work in accordance with the Construction Schedule solely construction schedule as a result of the act or neglect of the CityOwner, or by strikes, lockouts, fire or other similar causes beyond the Contractor's control, then, and to the extent of such delays, the Contractor shall not be required to pay liquidated damages to the City Owner pursuant to paragraph Paragraph (b) of Article V III hereof, provided the Contractor uses his best efforts to remedy the delay in the manner specified in paragraph 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 construction schedule is so substantial great that it cannot be remedied in the aforesaid manner, or if the backlog of Work work is so great that it cannot be remedied without incurring additional cost which the City Owner does not authorize, then the time of completion and the Construction Schedule construction schedule shall be extended City of Olivette, Missouri Old Bonhomme Road Improvement Project pursuant to a Change Order change order for the minimum period of delay occasioned by such cause. The period of delay and extension shall be determined by the CityOwner.

Appears in 1 contract

Samples: Contractor Agreement

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