Extension of Substantial or Final Completion Date. (a) Except as otherwise expressly provided herein, the “Substantial Completion Date” or “Final Completion Date” shall be extended only for such number of calendar days that the Work is actually delayed by a casualty, a fire, or a Contract Amendment (hereinafter referred to as “Excusable Delays”). No extensions to the Substantial Completion Date shall be granted due to the negligence or fault of the Contractor or its subcontractors, non-availability of materials or non-availability of labor. No extension to the Substantial Completion Date shall be granted for the period of time during a delay in the performance of the Work which is caused in part by the Owner, the Engineer, and in part by the Contractor or one for whom the Contractor is responsible (“Concurrent Delay”). A request for a time extension based upon inclement weather shall be governed by the provisions of Section 01320 (3.05) of the Specifications. (b) In order to obtain an extension of the Final Completion Date or the Substantial Completion Date due to an Excusable Delay, the Contractor in each instance shall give written notice to the Owner within seven (7) days after the occurrence of each Excusable Delay. If the Contractor fails to issue written notice to the Owner, its right to an extension, if any, will be deemed waived. The Owner shall render a written decision, which shall be made in good faith, granting, or refusing the request of the Contractor for an extension within a reasonable time after receipt of the request for a time extension. If a Contract Amendment is agreed to by the Contractor and Owner, any extension of the Substantial Completion Date caused by the Contract Amendment work must be stated in the Contract Amendment and the Contractor will be barred from later seeking an extension to the Substantial Completion Date or Final Completion Date because of the Contract Amendment work. No extension to the Substantial Completion Date or the Final Completion Date shall be granted due to the aggregate number of Contract Amendments.
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Samples: Lump Sum Construction Contract, Lump Sum Construction Contract
Extension of Substantial or Final Completion Date. (a) Except as otherwise expressly provided herein, the “Substantial Completion Date” or “Final Completion Date” shall be extended only for such number of calendar days that the Work is actually delayed by a casualty, a fire, or a Contract Amendment (hereinafter referred to as “Excusable Delays”). No extensions to the Substantial Completion Date shall be granted due to the negligence or fault of the Contractor or its subcontractors, non-availability of materials or non-availability of labor. No extension to the Substantial Completion Date shall be granted for the period of time during a delay in the performance of the Work which is caused in part by the Owner, Owner or the Engineer, and in part by the Contractor or one for whom the Contractor is responsible (“Concurrent Delay”). A request for a time extension based upon inclement weather shall be governed by the provisions of Section 01320 (3.05) of the Technical Specifications.
(b) In order to obtain an extension of the Final Completion Date or the Substantial Completion Date due to an Excusable Delay, the Contractor in each instance shall give written notice to the Owner within seven (7) days after the occurrence of each Excusable Delay. If the Contractor fails to issue written notice to the Owner, its right to an extension, if any, will be deemed waived. The Owner shall render a written decision, which shall be made in good faith, granting, or refusing the request of the Contractor for an extension within a reasonable time after receipt of the request for a time extension. If a Contract Amendment is agreed to by the Contractor and Owner, any extension of the Substantial Completion Date caused by the Contract Amendment work must be stated in the Contract Amendment and Amendment. If no extension to the Substantial Completion Date is stated in the Contract Amendment, then the Contractor will shall be barred from later seeking an extension to the Substantial Completion Date or Final Completion Date because of the Contract Amendment work. No extension to the Substantial Completion Date or the Final Completion Date shall be granted due to the aggregate number of Contract Amendments.
Appears in 1 contract
Samples: Construction Contract
Extension of Substantial or Final Completion Date. (a) Except as otherwise expressly provided herein, the “Substantial Completion Date” or “Final Completion Date” shall be extended only for such number of calendar days that the Work is actually delayed by a casualty, a fire, or a Contract Amendment (hereinafter referred to as “Excusable Delays”). No extensions to the Substantial Completion Date shall be granted due to the negligence or fault of the Contractor or its subcontractors, non-availability of materials or non-availability of labor. No extension to the Substantial Completion Date shall be granted for the period of time during a delay in the performance of the Work which is caused in part by the Owner, Owner or the Engineer, and in part by the Contractor or one for whom the Contractor is responsible (“Concurrent Delay”). A request for a time extension based upon inclement weather shall be governed by the provisions of Section 01320 (3.05) of the Specifications.
(b) In order to obtain an extension of the Final Completion Date or the Substantial Completion Date due to an Excusable Delay, the Contractor in each instance shall give written notice to the Owner within seven (7) days after the occurrence of each Excusable Delay. If the Contractor fails to issue written notice to the Owner, its right to an extension, if any, will be deemed waived. The Owner shall render a written decision, which shall be made in good faith, granting, granting or refusing the request of the Contractor for an extension within a reasonable time after receipt of the request for a time extension. If a Contract Amendment is agreed to by the Contractor and Owner, any extension of the Substantial Completion Date caused by the Contract Amendment work must be stated in the Contract Amendment and Amendment. If no extension to the Substantial Completion Date is stated in the Contract Amendment, then the Contractor will shall be barred from later seeking an extension to the Substantial Completion Date or Final Completion Date because of the Contract Amendment work. No extension to the Substantial Completion Date or the Final Completion Date shall be granted due to the aggregate number of Contract Amendments.
Appears in 1 contract
Samples: Construction Contract
Extension of Substantial or Final Completion Date. (a) Except as otherwise expressly provided herein, the “Substantial Completion Date” or “Final Completion Date” shall be extended only for such number of calendar days that the Work is actually delayed by a casualty, a fire, or a Contract Amendment (hereinafter referred to as “Excusable Delays”). No extensions to the Substantial Completion Date shall be granted due to the negligence or fault of the Contractor or its subcontractors, non-availability of materials or non-availability of labor. No extension to the Substantial Completion Date shall be granted for the period of time during a delay in the performance of the Work which is caused in part by the Owner, the EngineerEngineer , and in part by the Contractor or one for whom the Contractor is responsible (“Concurrent Delay”). A request for a time extension based upon inclement weather shall be governed by the provisions of Section 01320 (3.05) of the Specifications.
(b) In order to obtain an extension of the Final Completion Date or the Substantial Completion Date due to an Excusable Delay, the Contractor in each instance shall give written notice to the Owner within seven (7) days after the occurrence of each Excusable Delay. If the Contractor fails to issue written notice to the Owner, its right to an extension, if any, will be deemed waived. The Owner shall render a written decision, which shall be made in good faith, granting, granting or refusing the request of the Contractor for an extension within a reasonable time after receipt of the request for a time extension. If a Contract Amendment is agreed to by the Contractor and Owner, any extension of the Substantial Completion Date caused by the Contract Amendment work must be stated in the Contract Amendment and the Contractor will be barred from later seeking an extension to the Substantial Completion Date or Final Completion Date because of the Contract Amendment work. No extension to the Substantial Completion Date or the Final Completion Date shall be granted due to the aggregate number of Contract Amendments.
Appears in 1 contract
Samples: Lump Sum Construction Contract