Extension in Completion Date. 11.3.1 Without prejudice to any other provision of this Contract for and in respect of extension of time, the Contractor shall be entitled to extension of time in the Completion Date to the extent that completion of any Project Milestone is or will be delayed by any of the following; (a) has been expressly agreed by the Authority under a Variation (b) is required due to a delay, impediment or prevention caused by or attributable to the Authority, the Authority's Personnel, or the Authority's other Contractors on the Site. (c) is required due to the occurrence of a Force Majeure Event. (d) any other cause or delay which entitles the Contractor to time extension in accordance with the provisions of this Contract. 11.3.2 If the Contractor considers itself to be entitled to an extension for its Scope of Project due to reasons specified in Clause 11.3.1 above, Contractor shall give notice to that effect to the Authority as a Contractor’s Claim. When determining each extension of time, the Authority shall review previous determinations and may accept the notice for extension on such terms and conditions as it may deem fit. If such extension in the Project is granted for the Works of the Contractor, the Construction Completion Date for the Project shall be extended accordingly. It is further clarified that, the Contractor shall, no later than 30 (thirty) days from the occurrence of an event or circumstance specified in Clause 11.3.1, inform the Authority by notice in writing, with a copy to the Authority, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for extension in time in accordance with the provisions of this Contract. Provided that the period of 30 (thirty) days shall be calculated from the date on which the Contractor became aware, or should have become aware, of the occurrence of such an event or circumstance. 11.3.3 When any of the cases above have occurred because of the demands, the Contractor shall have to assess and justify the extension of time required to satisfy such demand or requirement of extension in the Completion Date . 11.3.4 The Authority shall, on receipt of a claim in accordance with the provisions of Clause 11.3.2, examine the claim expeditiously within the time frame specified herein. In the event the Authority requires any clarifications to examine the claim, the Authority shall seek the same, as soon as possible, from the date of receiving the claim. The Contractor shall, on the receipt of the communication of the Authority requesting for clarification, furnish the same to the Authority within 10 (ten) days thereof. The Authority shall, within a period of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor its determination of time extension. The Authority will approve Extension of Time (EOT) with or without eligible contractual price escalation. In this process, the Contractor shall assist the Authority in every required manner to support the reasonability and necessity of such extension. In the event of the failure of the Contractor to issue to the Authority a notice in accordance with the aforementioned timelines, the Contractor shall not be entitled to any extension in time and shall forfeit its right to any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice as specified in this Clause 11.3.2, the Authority shall be discharged from all liability in connection therewith.
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Samples: Construction Contract, Construction Contract
Extension in Completion Date. 11.3.1 Without prejudice to any other provision of this Contract for and in respect of extension of time, the Contractor There shall be entitled to no extension of time in the Construction Completion Date to the extent that completion of any Project Milestone is or will be delayed by any of the following;unless such an extension:
(a) has been expressly agreed by the Authority under a VariationVariation or a Developer’s Claim; and
(b) is required due to a delay, impediment or prevention caused by or attributable to the Authority, the Authority's Personnel, or the Authority's other Contractors Developers on the Site.
(c) is required due to the occurrence occcurence of a Force Majeure Event.
(d) any other cause or delay which entitles the Contractor Developer to time extension in accordance with the provisions of this Contract.
11.3.2 If the Contractor Developer considers itself to be entitled to an extension for its Scope of Project due to reasons specified in Clause 11.3.1 above, Contractor Developer shall give notice to that effect to the Authority as a ContractorDeveloper’s Claim. When determining each extension of time, the Authority shall review previous determinations and may accept the notice for extension on such terms and conditions as it may deem fit. If such extension in the Project is granted for the Works of the ContractorDeveloper, the Construction Completion Date for the Project shall be extended accordingly. It is further clarified that, the Contractor Developer shall, no later than 30 (thirty) days from the occurrence of an event or circumstance specified in Clause 11.3.1, inform the Authority by notice in writing, with a copy to the Authority, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for extension in time in accordance with the provisions of this Contract. Provided that the period of 30 (thirty) days shall be calculated from the date on which the Contractor Developer became aware, or should have become aware, of the occurrence of such an event or circumstance.
11.3.3 When any of the cases above have occurred because of the demands, the Contractor Developer shall have to assess and justify the extension of time required to satisfy such demand or requirement of extension in the Completion Date .
11.3.4 The Authority shall, on receipt of a claim in accordance with the provisions of Clause 11.3.2, examine the claim expeditiously within the time frame specified herein. In the event the Authority requires any clarifications to examine the claim, the Authority shall seek the same, as soon as possible, same within 15 (fifteen) days from the date of receiving the claim. The Contractor Developer shall, on the receipt of the communication of the Authority requesting for clarification, furnish the same to the Authority within 10 (ten) days thereof. The Authority shall, within a period of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor Developer its determination of time extension. The For the avoidance of doubt, the Parties agree that the Authority will approve Extension shall, in accordance with the provisions of Time this Contract, notify the Developer of the aforesaid time extension no later than 45 (EOTforty-five) with or without eligible contractual price escalationdays from the date of receipt of the Developer’s claim for time extension. In this process, the Contractor Developer shall assist the Authority in every required manner to support the reasonability and necessity of such extension. In the event of the failure of the Contractor Developer to issue to the Authority a notice in accordance with the aforementioned timelines, the Contractor Developer shall not be entitled to any extension in time and shall forfeit its right to any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor Developer to issue notice as specified in this Clause 11.3.2, the Authority shall be discharged from all liability in connection therewith.
Appears in 1 contract
Samples: Construction Contract
Extension in Completion Date. 11.3.1 Without prejudice to any other provision of this Contract for and in respect of extension of time, the Contractor There shall be entitled to no extension of time in the Completion Date to the extent that completion of any Project Milestone is or will be delayed by any of the following;unless such an extension:
(a) has been expressly agreed by the Authority under a VariationVariation or a Contractor’s Claim; and
(b) is required due to a delay, impediment or prevention caused by or attributable to the Authority, the Authority's Personnel, or the Authority's other Contractors on the Site.
(c) is required due to the occurrence of a Force Majeure Event.
(d) any other cause or delay which entitles the Contractor to time extension in accordance with the provisions of this Contract.
11.3.2 If the Contractor considers itself to be entitled to an extension for its Scope of Project due to reasons specified in Clause 11.3.1 above, Contractor shall give notice to that effect to the Authority as a Contractor’s Claim. When determining each extension of time, the Authority shall review previous determinations and may accept the notice for extension on such terms and conditions as it may deem fit. If such extension in the Project is granted for the Works of the Contractor, the Construction Completion Date for the Project shall be extended accordingly. It is further clarified that, the Contractor shall, no later than 30 (thirty) days from the occurrence of an event or circumstance specified in Clause 11.3.1, inform the Authority by notice in writing, with a copy to the Authority, stating in reasonable detail with supporting particulars, the event or circumstances giving rise to the claim for extension in time in accordance with the provisions of this Contract. Provided that the period of 30 (thirty) days shall be calculated from the date on which the Contractor became aware, or should have become aware, of the occurrence of such an event or circumstance.
11.3.3 When any of the cases above have occurred because of the demands, the Contractor shall have to assess and justify the extension of time required to satisfy such demand or requirement of extension in the Completion Date Date.
11.3.4 The Authority shall, on receipt of a claim in accordance with the provisions of Clause 11.3.2, examine the claim expeditiously within the time frame specified herein. In the event the Authority requires any clarifications to examine the claim, the Authority shall seek the same, as soon as possible, from the date of receiving the claim. The Contractor shall, on the receipt of the communication of the Authority requesting for clarification, furnish the same to the Authority within 10 (ten) days thereof. The Authority shall, within a period of 30 (thirty) days from the date of receipt of such clarifications, forward in writing to the Contractor its determination of time extension. The Authority will shall approve Extension of Time (EOT) with or without eligible contractual price escalation, at its sole discretion. In this process, the Contractor shall assist the Authority in every required manner to support the reasonability and necessity of such extension. In the event of the failure of the Contractor to issue to the Authority a notice in accordance with the aforementioned timelines, the Contractor shall not be entitled to any extension in time and shall forfeit its right to any such claims in future. For the avoidance of doubt, in the event of failure of the Contractor to issue notice as specified in this Clause 11.3.2, the Authority shall be discharged from all liability in connection therewith.
Appears in 1 contract
Samples: Construction Contract