Common use of DELAYS DUE TO WEATHER AND FORCE MAJEURE Clause in Contracts

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 Subject to the other provisions of these Contract Documents, CM may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CM's or its Subcontractors' control, fault, or negligence: 15.1.1 Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” Section of the Contract. The Contract Time shall be deemed to take into account the number of working days specified in the Contract (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM agrees that the number of weather days indicated in the Contract is a reasonable approximation of the number of weather days that may impact the work. CM's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the Contract, those days impact a Critical Path element of the Project, and CM cannot redirect work efforts to unaffected portions of the Project. If CM believes that the progress of the work has been adversely affected by weather, CM shall submit a written request for extension of time to County. 15.1.3 A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CM's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.2.1 Subject to the other provisions of these Contract Documents, CM D-BE may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMD-BE's or its Subcontractors' control, fault, or negligence: 15.1.1 a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM D-BE agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMD-BE's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM D-BE cannot redirect work efforts to unaffected portions of the Project. If CM D-BE believes that the progress of the work has been adversely affected by weather, CM D-BE shall submit a written request for extension of time to County. 15.1.3 14.2.2 A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CMD-BE's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 14.2.3 If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.2.4 Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.2.5 D-BE shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.3.1 Subject to the other provisions of these Contract Documents, CM D-BE may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMD-BE's or its Subcontractors' control, fault, or negligence: 15.1.1 14.3.1.1 Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 14.3.1.2 Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract TimeCONTRACT TIME” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM D-BE agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMD-BE's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM D-BE cannot redirect work efforts to unaffected portions of the Project. If CM D-BE believes that the progress of the work has been adversely affected by weather, CM D-BE shall submit a written request for extension of time to CountyOWNER. 15.1.3 14.3.2 A written request for any extension of the Contract Time shall be delivered to County OWNER within 7 days of the first date of commencement of each delay. CMD-BE's failure to submit such request within the time specified will be considered grounds for refusal by County OWNER to consider such request. 15.1.4 14.3.3 If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County OWNER shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.3.4 Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.3.5 D-BE shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.3.1. Subject to the other provisions of these Contract Documents, CM Contractor may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMContractor's or its Subcontractors' control, fault, or negligence: 15.1.1 (a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 (b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract weaContract Time” Section of the Contract. The Contract Time shall be deemed to take into account the number of working days specified in the Contract (“anticipated weather days”) Agreement that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM Contractor agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMContractor's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM Contractor cannot redirect work efforts to unaffected portions of the Project. If CM Contractor believes that the progress of the work has been adversely affected by weather, CM Contractor shall submit a written request for extension of time to County. 15.1.3 (c) A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CMContractor's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 (d) If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 (e) Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.of

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.2.1 Subject to the other provisions of these Contract Documents, CM D-BE may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMD-BE's or its Subcontractors' control, fault, or negligence: 15.1.1 a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” “Contract Time” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated “anticipated weather days”days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM D-BE agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMD-BE's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM D-BE cannot redirect work efforts to unaffected portions of the Project. If CM D-BE believes that the progress of the work has been adversely affected by weather, CM D-BE shall submit a written request for extension of time to County. 15.1.3 14.2.2 A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CMD-BE's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 14.2.3 If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.2.4 Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working “working day lost” lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.2.5 D-BE shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.3.1. Subject to the other provisions of these Contract Documents, CM D-BE may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMD-BE's or its Subcontractors' control, fault, or negligence: 15.1.1 (a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 (b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract TimeCONTRACT TIME” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM D-BE agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMD-BE's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM D-BE cannot redirect work efforts to unaffected portions of the Project. If CM D-BE believes that the progress of the work has been adversely affected by weather, CM D-BE shall submit a written request for extension of time to CountyOwner. 15.1.3 14.3.2. A written request for any extension of the Contract Time shall be delivered to County Owner within 7 days of the first date of commencement of each delay. CMD-BE's failure to submit such request within the time specified will be considered grounds for refusal by County Owner to consider such request. 15.1.4 14.3.3. If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County Owner shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.3.4. Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.3.5. D-BE shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.3.1. Subject to the other provisions of these Contract Documents, CM XXXX may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CM's XXXX'x or its Subcontractors' control, fault, or negligence: 15.1.1 (a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 (b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract TimeCONTRACT TIME” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM XXXX agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CM's XXXX'x construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM XXXX cannot redirect work efforts to unaffected portions of the Project. If CM XXXX believes that the progress of the work has been adversely affected by weather, CM XXXX shall submit a written request for extension of time to CountyOwner. 15.1.3 14.3.2. A written request for any extension of the Contract Time shall be delivered to County Owner within 7 days of the first date of commencement of each delay. CM's XXXX'x failure to submit such request within the time specified will be considered grounds for refusal by County Owner to consider such request. 15.1.4 14.3.3. If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County Owner shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.3.4. Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.3.5. XXXX shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 Subject to the other provisions of these Contract Documents, CM Contractor may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMContractor's or its Subcontractors' control, fault, or negligence: 15.1.1 (a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 (b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM Contractor agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMContractor's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM Contractor cannot redirect work efforts to unaffected portions of the Project. If CM Contractor believes that the progress of the work has been adversely affected by weather, CM Contractor shall submit a written request for extension of time to County. 15.1.3 (c) A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CMContractor's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 (d) If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. County of Orange, OC Public Works extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. The Contract Time includes a specified number of weather days anticipated for stoppage of work due to rain or other adverse weather conditions. Subject to the other provisions of these Contract Documents, Contractor may be entitled to designate a contract day as a weather day as follows: (a) A written request shall be delivered to County within 7 days of the first date of commencement of each requested weather day. Contractor's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. (b) If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 Extensions of time due to weather or force majeure(c) Weather days, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM (d) No damages or increase in the Contract Price, for delays arising from weather days shall be granted. Contractor shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.8.1 Subject to the other provisions of these Contract Documents, CM D-BE may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMD-BE's or its Subcontractors' control, fault, or negligence: 15.1.1 a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM D-BE agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMD-BE's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM D-BE cannot redirect work efforts to unaffected portions of the Project. If CM D-BE believes that the progress of the work has been adversely affected by weather, CM D-BE shall submit a written request for extension of time to CountyOwner. 15.1.3 14.8.2 A written request for any extension of the Contract Time shall be delivered to County Owner within 7 days of the first date of commencement of each delay. CMD-BE's failure to submit such request within the time specified will be considered grounds for refusal by County Owner to consider such request. 15.1.4 14.8.3 If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County Owner shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 14.8.4 Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.8.5 D-BE shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.

DELAYS DUE TO WEATHER AND FORCE MAJEURE. 15.1 14.3.1. Subject to the other provisions of these Contract Documents, CM Contractor may be entitled to an extension of the Contract Time, but no damages or increase in the Contract Price, for delays arising from the following causes when they occur beyond CMContractor's or its Subcontractors' control, fault, or negligence: 15.1.1 (a) Acts of God (tornadoes, fires, hurricanes, blizzards, earthquakes, typhoons, or floods), war, civil unrest, trade embargoes, labor disputes, or strikes necessitating stoppage of work; or 15.1.2 (b) Weather days necessitating stoppage of work in excess of the number of anticipated weather days specified in the “Contract Time” Section of the ContractAgreement. The Contract Time shall be deemed to take into account the number of working days specified in the Contract Agreement (“anticipated weather days”) that stoppage of work can reasonably be expected at the Project site due to rain or other adverse weather conditions, and CM Contractor agrees that the number of weather days indicated in the Contract Agreement is a reasonable approximation of the number of weather days that may impact the work. CMContractor's construction schedule shall include this number of anticipated weather days. Time extensions for weather days will only be considered when the number of days in question exceeds the number of days specified in the ContractAgreement, those days impact a Critical Path critical path element of the Project, and CM Contractor cannot redirect work efforts to unaffected portions of the Project. If CM Contractor believes that the progress of the work has been adversely affected by weather, CM Contractor shall submit a written request for extension of time to County. 15.1.3 (c) A written request for any extension of the Contract Time shall be delivered to County within 7 days of the first date of commencement of each delay. CMContractor's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. 15.1.4 (d) If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. 15.1.5 (e) Extensions of time due to weather or force majeure, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. 15.1.6 CM 14.3.2. The Contract Time includes a specified number of weather days anticipated for stoppage of work due to rain or other adverse weather conditions. Subject to the other provisions of these Contract Documents, Contractor may be entitled to designate a contract day as a weather day as follows: (a) A written request shall be delivered to County within 7 days of the first date of commencement of each requested weather day. Contractor's failure to submit such request within the time specified will be considered grounds for refusal by County to consider such request. (b) If the Project involves the construction of a permanent structure, no extensions of time will be made for weather after the principal portions of the work are enclosed. County shall determine when the structure is "enclosed" for purposes of this provision. (c) Weather days, when granted, will be on the basis of 1.4 calendar days credit for every working day lost, with the credit for each separate extension rounded off to the nearest whole calendar day. A “working day lost” will not include any day during which at least 60% of the normally scheduled workforce is able to work for at least five hours of the day. (d) No damages or increase in the Contract Price, for delays arising from weather days shall be granted. 14.3.3. Contractor shall not be entitled to any extension under this Section if the unforeseen circumstances occur beyond the Contract Time.