Common use of EXTENSION OF CONTRACT TIME Clause in Contracts

EXTENSION OF CONTRACT TIME. A. The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Time, he has taken into consideration and made allowances for all delays and hindrances incidental to such Work, whether growing out of delays in securing Materials and Equipment or workmen, normal inclement weather, or otherwise. B. If the Contractor is delayed at any time in the progress of the Work by an act or omission of the Owner, or its designated representative, any separate contractor employed by the Owner, or by Changed or Extra Work, industry-wide labor strikes, fire, epidemics, quarantine restrictions, freight embargoes, unavoidable casualties, abnormal weather conditions, any causes beyond the Contractor's control, or by any other cause which the Owner determines may justify the delay, then the Contract Time shall be extended for such reasonable time as the Owner may determine based on the timing and submittal requirements of this Section provided, however, that such delay could not have been avoided by the exercise of due diligence by the Contractor. C. No extension of the Contract Time will be granted for: 1. Variations between original Contract quantities and actual quantities which cannot be predetermined and which variance (plus or minus) is less than twenty five (25) percent of the Contract quantities. 2. Rain, snow, wind, flood, or natural phenomena of normal intensity for the locality where the Work is performed. 3. Acts or omissions of the Contractor or its Subcontractors. 4. Delays occurring concurrently (either at the same time, on the same critical path or on a concurrent critical path) with delays attributable to acts or omissions of the Contractor or its Subcontractors. 5. Delays occurring to activities which are not on the then-current critical path. D. A Request for an Extension of the Contract Time shall be made in writing to the Owner not later than seven (7) Days after the commencement of the delay. In the case of a continuing delay for the same cause only one request is necessary. The Contractor shall support its Request for an Extension of the Contract Time with a supplemental submittal, which shall be filed with the Owner within fourteen (14) Days of making the Request. The Contractor’s supplemental submittal shall include: 1. A description of the activities that were delayed, the reasons for the delay, an explanation of how they were delayed and a detailed factual statement relative to all relevant dates, locations, etc. 2. A schedule analysis (based on the critical path method) which shows in graphic form how and where a delay on the then-current critical path occurred and its effect on the Contract Time. 3. An explanation of the Contractor's efforts to reschedule the Work in order to mitigate the effect of the delay and/or prevent further delays resulting from such cause. E. If abnormal weather conditions are the basis for a Request for an Extension of the Contract Time, such Request shall be supported by data substantiating that weather conditions during the period of time impacted were unusually severe for the time period, and could not have been reasonably anticipated. To establish the existence of abnormal weather, the Contractor must submit documentation which shows that the weather conditions experienced fall outside of the extreme ranges of weather data for the Denver area published by the National Climatic Data Center during the same month over the prior ten (10) year period. The existence of abnormal weather shall not relieve the Contractor of the burden of proving that the abnormal weather delayed specific activities that were on the then-current critical path that controlled the overall completion of the Work. F. Failure to strictly comply with the timing and submittal requirements of this Section shall constitute a waiver of any Request for an Extension of the Contract Time. All extensions to the Contract Time shall be by Contract Change Order. No oral time extensions shall be granted by the Owner or relied upon by the Contractor. G. Notwithstanding anything to the contrary in the Contract Documents, an Extension to the Contract Time, to the extent permitted under this Section, shall be the sole and exclusive remedy of the Contractor for any delay in the commencement, prosecution or completion of the Work; hindrance, interference, or obstruction in the Contractor’s performance of the Work; loss of productivity; or other similar claims, whether or not such delays are foreseeable. IN NO EVENT SHALL THE CONTRACTOR OR ITS SUBCONTRACTORS BE ENTITLED TO ANY COMPENSATION OR RECOVERY OF ANY DAMAGES, IN CONNECTION WITH ANY DELAY TO THE CONTRACT WORK. THE CONTRACTOR HEREBY WAIVES ANY AND ALL CLAIMS PAST, PRESENT OR FUTURE FOR MONETARY DAMAGES ARISING OUT OF OR RELATED TO ANY DELAY OR INTERFERENCE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, LOST OPPORTUNITY COSTS, IMPACT DAMAGES, ACCELERATION DAMAGES, LOSS OF LABOR PRODUCTIVITY DAMAGES, ALL OTHER TIME-RELATED DAMAGES, OR OTHER SIMILAR REMUNERATION AGAINST THE OWNER. The Owner's exercise of any of its rights or remedies under the Contract Documents regardless of the extent or frequency of the Owner's exercise of such rights of remedies shall not be construed as active interference with the Contractor's performance of the Work.

EXTENSION OF CONTRACT TIME. A. The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Time, he has taken into consideration and made allowances for all delays and hindrances incidental to such Work, whether growing out of delays in securing Materials and Equipment or workmen, normal inclement weather, or otherwise. B. If the Contractor is delayed at any time in the progress of the Work by an act or omission of the Owner, or its designated representative, any separate contractor employed by the Owner, or by Changed or Extra Work, industry-wide labor strikes, fire, epidemics, quarantine restrictions, freight embargoes, unavoidable casualties, abnormal weather conditions, any causes beyond the Contractor's control, or by any other cause which the Owner determines may justify the delay, then the Contract Time shall be extended for such reasonable time as the Owner may determine based on the timing and submittal requirements of this Section provided, however, that such delay could not have been avoided by the exercise of due diligence by the Contractor. C. No extension of the Contract Time will be granted for: 1. Variations between original Contract quantities and actual quantities which cannot be predetermined and which variance (plus or minus) is less than twenty five (25) percent of the Contract quantities. 2. Rain, snow, wind, flood, or natural phenomena of normal intensity for the locality where the Work is performed. 3. Acts or omissions of the Contractor or its Subcontractors. 4. Delays occurring concurrently (either at the same time, on the same critical path or on a concurrent critical path) with delays attributable to acts or omissions of the Contractor or its Subcontractors. 5. Delays occurring to activities which are not on the then-current critical path. D. A Request for an Extension of the Contract Time shall be made in writing to the Owner not later than seven (7) Days after the commencement of the delay. In the case of a continuing delay for the same cause only one request is necessary. The Contractor shall support its Request for an Extension of the Contract Time with a supplemental submittal, which shall be filed with the Owner within fourteen (14) Days of making the Request. The Contractor’s supplemental submittal shall include: 1. A description of the activities that were delayed, the reasons for the delay, an explanation of how they were delayed and a detailed factual statement relative to all relevant dates, locations, etc. 2. A schedule analysis (based on the critical path method) which shows in graphic form how and where a delay on the then-current critical path occurred and its effect on the Contract Time. 3. An explanation of the Contractor's efforts to reschedule the Work in order to mitigate the effect of the delay and/or prevent further delays resulting from such cause. E. If abnormal weather conditions are the basis for a Request for an Extension of the Contract Time, such Request shall be supported by data substantiating that weather conditions during the period of time impacted were unusually severe for the time period, and could not have been reasonably anticipated. To establish the existence of abnormal weather, the Contractor must submit documentation which shows that the weather conditions experienced fall outside of the extreme ranges of weather data for the Denver area published by the National Climatic Data Center during the same month over the prior ten (10) year period. The existence of abnormal weather shall not relieve the Contractor of the burden of proving that the abnormal weather delayed specific activities that were on the then-current critical path that controlled the overall completion of the Work. F. Failure to strictly comply with the timing and submittal requirements of this Section shall constitute a waiver of any Request for an Extension of the Contract Time. All extensions to the Contract Time shall be by Contract Change Order. No oral time extensions shall be granted by the Owner or relied upon by the Contractor. G. Notwithstanding anything to the contrary in the Contract Documents, an Extension to the Contract Time, to the extent permitted under this Section, shall be the sole and exclusive remedy of the Contractor for any delay in the commencement, prosecution or completion of the Work; hindrance, interference, or obstruction in the Contractor’s performance of the Work; loss of productivity; or other similar claims, whether or not such delays are foreseeable. IN NO EVENT SHALL THE CONTRACTOR OR ITS SUBCONTRACTORS BE ENTITLED TO ANY COMPENSATION OR RECOVERY OF ANY DAMAGES, IN CONNECTION WITH ANY DELAY TO THE CONTRACT WORK. THE CONTRACTOR HEREBY WAIVES ANY AND ALL CLAIMS PAST, PRESENT OR FUTURE FOR MONETARY DAMAGES ARISING OUT OF OR RELATED TO ANY DELAY OR INTERFERENCE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, LOST OPPORTUNITY COSTS, IMPACT DAMAGES, ACCELERATION DAMAGES, LOSS OF LABOR PRODUCTIVITY DAMAGES, ALL OTHER TIME-RELATED DAMAGES, OR OTHER SIMILAR REMUNERATION AGAINST THE OWNER. The Owner's exercise of any of its rights or remedies under the Contract Documents regardless of the extent or frequency of the Owner's exercise of such rights of remedies shall not be construed as active interference with the Contractor's performance of the Work.

EXTENSION OF CONTRACT TIME. A. The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Time, he has taken into consideration and made allowances for all delays and hindrances incidental to such Work, whether growing out of delays in securing Materials and Equipment or workmen, normal inclement weather, or otherwise. B. If the Contractor is delayed at any time in the progress of the Work by an act or omission of the Owner, or its designated representative, any separate contractor employed by the Owner, or by Changed or Extra Work, industry-wide labor strikes, fire, epidemics, quarantine restrictions, freight embargoes, unavoidable casualties, abnormal weather conditions, any causes beyond the Contractor's control, or by any other cause which the Owner determines may justify the delay, then the Contract Time shall be extended for such reasonable time as the Owner may determine based on the timing and submittal requirements of this Section provided, however, that such delay could not have been avoided by the exercise of due diligence by the Contractor. C. No extension of the Contract Time will be granted for: 1. Variations between original Contract quantities and actual quantities which cannot be predetermined and which variance (plus or minus) is less than twenty five (25) percent of the Contract quantities. 2. Rain, snow, wind, flood, or natural phenomena of normal intensity for the locality where the Work is performed. 3. Acts or omissions of the Contractor or its Subcontractors. 4. Delays occurring concurrently (either at the same time, on the same critical path or on a concurrent critical path) with delays attributable to acts or omissions of the Contractor or its Subcontractors. 5. Delays occurring to activities which are not on the then-current critical path. D. A Request for an Extension of the Contract Time shall be made in writing to the Owner not later than seven (7) Days after the commencement of the delay. In the case of a continuing delay for the same cause only one request is necessary. The Contractor shall support its Request for an Extension of the Contract Time with a supplemental submittal, which shall be filed with the Owner within fourteen (14) Days of making the Request. The Contractor’s supplemental submittal shall include: 1. A description of the activities that were delayed, the reasons for the delay, an explanation of how they were delayed and a detailed factual statement relative to all relevant dates, locations, etc. 2. A schedule analysis (based on the critical path method) which shows in graphic form how and where a delay on the then-current critical path occurred and its effect on the Contract Time. 3. An explanation of the Contractor's efforts to reschedule the Work in order to mitigate the effect of the delay and/or prevent further delays resulting from such cause. E. If abnormal weather conditions are the basis for a Request for an Extension of the Contract Time, such Request shall be supported by data substantiating that weather conditions during the period of time impacted were unusually severe for the time period, and could not have been reasonably anticipated. To establish the existence of abnormal weather, the Contractor must submit documentation which shows that the weather conditions experienced fall outside of the extreme ranges of weather data for the Denver area published by the National Climatic Data Center during the same month over the prior ten (10) year period. The existence of abnormal weather shall not relieve the Contractor of the burden of proving that the abnormal weather delayed specific activities that were on the then-current critical path that controlled the overall completion of the Work. F. Failure to strictly comply with the timing and submittal requirements of this Section shall constitute a waiver of any Request for an Extension of the Contract Time. All extensions to the Contract Time shall be by Contract Change Order. No oral time extensions shall be granted by the Owner or relied upon by the Contractor. G. Notwithstanding anything to the contrary in the Contract Documents, an Extension to the Contract Time, to the extent permitted under this Section, shall be the sole and exclusive remedy of the Contractor for any delay in the commencement, prosecution or completion of the Work; hindrance, interference, or obstruction in the Contractor’s performance of the Work; loss of productivity; or other similar claims, whether or not such delays are foreseeable. IN NO EVENT SHALL THE CONTRACTOR OR ITS SUBCONTRACTORS BE ENTITLED TO ANY COMPENSATION OR RECOVERY OF ANY DAMAGES, IN CONNECTION WITH ANY DELAY TO THE CONTRACT WORK. THE CONTRACTOR HEREBY WAIVES ANY AND ALL CLAIMS PAST, PRESENT OR FUTURE FOR MONETARY DAMAGES ARISING OUT OF OR RELATED TO ANY DELAY OR INTERFERENCE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, LOST OPPORTUNITY COSTS, IMPACT DAMAGES, ACCELERATION DAMAGES, LOSS OF LABOR PRODUCTIVITY DAMAGES, ALL OTHER TIME-RELATED DAMAGES, OR OTHER SIMILAR REMUNERATION AGAINST THE OWNER. The Owner's exercise of any of its rights or remedies under the Contract Documents regardless of the extent or frequency of the Owner's exercise of such rights of remedies shall not be construed as active interference with the Contractor's performance of the Work.

EXTENSION OF CONTRACT TIME. A. The Contractor expressly covenants and agrees that in undertaking to complete the Work within the Contract Time, he has taken into consideration and made allowances for all delays and hindrances incidental to such Work, whether growing out of delays in securing Materials and Equipment or workmen, normal inclement weather, or otherwise. B. If the Contractor is delayed at any time in the progress of the Work by an act or omission of the Owner, or its designated representative, any separate contractor employed by the Owner, or by Changed or Extra Work, industry-wide labor strikes, fire, epidemics, quarantine restrictions, freight embargoes, unavoidable casualties, abnormal weather conditions, any causes beyond the Contractor's control, or by any other cause which the Owner determines may justify the delay, then the Contract Time shall be extended for such reasonable time as the Owner may determine based on the timing and submittal requirements of this Section provided, however, that such delay could not have been avoided by the exercise of due diligence by the Contractor. C. No extension of the Contract Time will be granted for: 1. Variations between original Contract quantities and actual quantities which cannot be predetermined and which variance (plus or minus) is less than twenty five (25) percent of the Contract quantities. 2. Rain, snow, wind, flood, or natural phenomena of normal intensity for the locality where the Work is performed. 3. Acts or omissions of the Contractor or its Subcontractors. 4. Delays occurring concurrently (either at the same time, on the same critical path or on a concurrent critical path) with delays attributable to acts or omissions of the Contractor or its Subcontractors. 5. Delays occurring to activities which are not on the then-current critical path. D. A Request for an Extension of the Contract Time shall be made in writing to the Owner not later than seven (7) Days after the commencement of the delay. In the case of a continuing delay for the same cause only one request is necessary. The Contractor shall support its Request for an Extension of the Contract Time with a supplemental submittal, which shall be filed with the Owner within fourteen (14) Days of making the Request. The Contractor’s supplemental submittal shall include: 1. : A description of the activities that were delayed, the reasons for the delay, an explanation of how they were delayed and a detailed factual statement relative to all relevant dates, locations, etc. 2. A schedule analysis (based on the critical path method) which shows in graphic form how and where a delay on the then-current critical path occurred and its effect on the Contract Time. 3. An explanation of the Contractor's efforts to reschedule the Work in order to mitigate the effect of the delay and/or prevent further delays resulting from such cause. E. If abnormal weather conditions are the basis for a Request for an Extension of the Contract Time, such Request shall be supported by data substantiating that weather conditions during the period of time impacted were unusually severe for the time period, and could not have been reasonably anticipated. To establish the existence of abnormal weather, the Contractor must submit documentation which shows that the weather conditions experienced fall outside of the extreme ranges of weather data for the Denver area published by the National Climatic Data Center during the same month over the prior ten (10) year period. The existence of abnormal weather shall not relieve the Contractor of the burden of proving that the abnormal weather delayed specific activities that were on the then-current critical path that controlled the overall completion of the Work. F. Failure to strictly comply with the timing and submittal requirements of this Section shall constitute a waiver of any Request for an Extension of the Contract Time. All extensions to the Contract Time shall be by Contract Change Order. No oral time extensions shall be granted by the Owner or relied upon by the Contractor. G. Notwithstanding anything to the contrary in the Contract Documents, an Extension to the Contract Time, to the extent permitted under this Section, shall be the sole and exclusive remedy of the Contractor for any delay in the commencement, prosecution or completion of the Work; hindrance, interference, or obstruction in the Contractor’s performance of the Work; loss of productivity; or other similar claims, whether or not such delays are foreseeable. IN NO EVENT SHALL THE CONTRACTOR OR ITS SUBCONTRACTORS BE ENTITLED TO ANY COMPENSATION OR RECOVERY OF ANY DAMAGES, IN CONNECTION WITH ANY DELAY TO THE CONTRACT WORK. THE CONTRACTOR HEREBY WAIVES ANY AND ALL CLAIMS PAST, PRESENT OR FUTURE FOR MONETARY DAMAGES ARISING OUT OF OR RELATED TO ANY DELAY OR INTERFERENCE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, LOST OPPORTUNITY COSTS, IMPACT DAMAGES, ACCELERATION DAMAGES, LOSS OF LABOR PRODUCTIVITY DAMAGES, ALL OTHER TIME-RELATED DAMAGES, OR OTHER SIMILAR REMUNERATION AGAINST THE OWNER. The Owner's exercise of any of its rights or remedies under the Contract Documents regardless of the extent or frequency of the Owner's exercise of such rights of remedies shall not be construed as active interference with the Contractor's performance of the Work.