Delays Caused by the Contractor. 32.1 If the Contractor is responsible for a delay in the progress of the Work, or fails to complete any portion of the Work within the time limits set forth in the Execution Plan, then the Contractor shall, at no additional cost to the Owner, provide a recovery plan and perform whatever acts are required or requested by the Owner’s Representative to make up the lost time and to avoid any further delay in the performance of the Work, including, without limitation, work overtime, and acquire and use any necessary additional labour and equipment.
Delays Caused by the Contractor a).- If, for causes attributable to the CONTRACTOR, the 80% of the total monthly production of material shown in the initial “Project Schedule” or in later updates mutually planned and agreed upon is not reached [Illegible stamp in left margin] [Initials] it shall be as follows:
Delays Caused by the Contractor. If the Contractor is responsible for a delay in the progress of the Work, or fails to complete any portion of the Work within the time limits set forth in the Execution Plan, then the Contractor shall, at no additional cost to the Owner, provide a recovery plan and perform whatever acts are required or requested by the Owner’s Representative to make up the lost time and to avoid any further delay in the performance of the Work, including, without limitation, work overtime, and acquire and use any necessary additional labour and equipment. Delays not Caused by the Contractor If the Contractor is delayed in the performance of the Work by an act or omission of the Owner or Other Contractors, contrary to the provisions of the Contract, then the Contract Time shall be extended for such reasonable time as may be necessary to allow the Contractor to make up the delay. If the Contractor is delayed in the performance of the Work by an order issued by a court or other public authority having jurisdiction, providing that such order was not issued as the result of an act or fault of the Contractor or any person employed or engaged by the Contractor directly or indirectly, then the Contract Time shall be extended as agreed by the parties or as resolved under Appendix H – Dispute Resolution Procedure. If the Contractor is forced to shut down all or a portion of its operation by reason of: any act or omission of the Owner or of any Other Contractor; failure of the Owner to provide the Work Site; or an error or omission in the Owner’s Requirements; then the Contractor shall give to the Owner notice of such shut-down, within 6 hours of such shut-down, indicating the number and classification of persons and number and description of equipment affected thereby. In the event of a delay pursuant to Section 33.3, the Contractor shall be reimbursed by the Owner in accordance with the rates set out in Appendix B – Compensation or its reasonable costs incurred. No claim for delay and no extension of time on account of delay shall be made by the Contractor unless notice of claim with a Change Quotation is given to the Owner not later than * Work Days after the commencement of delay, provided however, that in the case of a continuing cause of delay only one notice of claim shall be necessary.
