Common use of DETERMINATION AND EXTENSION OF CONTRACT TIME Clause in Contracts

DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days allowed for completion of the Work shall be stated in the contract and shall be known as the CONTRACT TIME. a. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in the Contract counting from the date of the notice to proceed and including all Saturdays, Sundays, holidays, and nonworking days. All calendar days elapsing between the effective dates of the OWNER’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. b. Any claim for extension of time or additional compensation for delay (including, but not limited to, compensation for extended overhead or general conditions costs) shall be made as soon as possible in writing to the OWNER but not more than ten days after the commencement of the delay. In case of continuing delay, only one claim notice per calendar month is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. Furthermore, within ten (10) business days after the end of each calendar month for which the Contractor (or a subcontractor at any level) has claimed a delay for which the Contractor will ultimately seek additional compensation from the OWNER, the Contractor shall submit to the OWNER a detailed and fully-supported document listing the costs claimed for the preceding calendar month by the Contractor and any impacted subcontractors, pursuant to the delay. It is understood (and the Contractor shall ensure) that these same provisions flow down to subcontractors working under the Contract. In the event that the Contractor does not comply with the requirements of this section, the Contractor shall not be entitled to any xxxx-up for fee (profit) on any compensation ultimately approved by the OWNER for the delay. c. Seasonal weather conditions shall be considered and included in the planning and scheduling of all Work influenced by high or low ambient temperatures, precipitation and/or saturated soil to ensure completion of all Work within the Contract time. Average historical climatic conditions for the proceeding ten (10) years are published by the National Oceanographic and Atmospheric Administration (NOAA) and entitled “Local Climatological Data-Dallas/Fort Worth, Texas.” d. For planning purposes, the following shall be considered average workdays lost per month due to weather conditions: Month Lost Time in Workdays January 5 February 4 March 5 April 6 May 6 June 4 July 4 August 4 September 5 October 4 November 4 December 4 e. Contract time extensions (for calendar-day-based Contracts) for abnormal weather conditions will be granted on a day for day basis only to the extent the actual time lost during a particular month exceeds the average lost time indicated in the above table. Days on which no activity has been planned or scheduled are not considered workdays.