Extension of the Time for Completion. A. Owner shall execute a Change Order for Excusable Delay by extending the Contract Time for the period of the delay. Any of the following shall constitute excusable delay for which the Contract Time shall be extended: (1) Strike, boycott, embargo, terrorism, armed rebellion, quarantine or other obstructive action by employees, labor organizations, discovery of archaeological or paleontological artifacts, act or neglect of a public utility, or, order of government authority, and (2) Fire, flood, earthquake, tornado, tidal wave, lightning, casualty loss, epidemic, or unusually adverse weather.
B. For delay in delivery of materials or equipment or for a shortage of labor that results from unforeseeable circumstances beyond the control and without fault or negligence of either Contractor, or any Subcontractor or Material Supplier of Contractor, Owner will grant an extension of the Contract Time if: (1) Contractor notifies Owner or Owner's Representative promptly on discovery of the anticipated shortage, (2) Contractor substantiates the delay as unavoidable with a detailed chronology of events and all relevant correspondence, and (3) Contractor provides a firm date when the material, equipment or labor will be available.
C. Any Change Order granted for Excusable Delay shall have no effect on a Claim by Contractor for damage from the same delay for interruption, hindrance, or disruption.
Extension of the Time for Completion. The time within which the Works or any phase or part of the Work is to be completed may be extended by the Superintending Officer either prospectively or retrospectively and before or after the Time for Completion by such further period or periods of time as may reasonably reflect delay in completion of the Works which, notwithstanding due diligence and the taking of all reasonable steps by the Contractor to avoid or reduce such delay, will or might be or has been caused by any of the following events:
(1) Force majeure.
(2) Exceptionally adverse weather conditions the assessment of which shall be in accordance with the relevant provision in the Specifications.
(3) Industrial action by workmen, strikes, lock-outs or embargoes affecting any of the trades employed upon the Works or in the preparation, manufacture or transportation of materials or goods required for the Works and provided the same are not due to any unreasonable act or default of the Contractor or of any subcontractor. PROVIDED THAT this event shall only apply if the industrial action by workmen, strike, lockout or embargo causing the delay is in Singapore.
(4) One or more of the “excepted risks” referred to in Clause 25.2.
(5) Compliance with the requirements of any law, regulation, by-law or public authority or public service company as stipulated in Clause 7.1.
(6) Fire, storm, lightning, high winds, earthquake or flooding.
(7) Ordering of test by the Superintending Officer which is not provided by this Contract pursuant to Clause 10.4 and the uncovering or making openings for inspection of any work pursuant to Clause 10.6, unless the test or inspection showed that the Plant, materials, good or workmanship had not been in accordance with the provisions of the Contract.
(8) The issue of any instruction(s) for a variation.
(9) The issue of any instruction(s) by the Superintending Officer in relation to a Provisional Sum Item but only if and to the extent that such instruction gives rise to a variation of the work described under the Provisional Sum Item.
(10) Failure of the Employer to give possession of the Site or any part of the Site to the Contractor as required by Clause 12.2.
(11) Subject to Clause 13.1(2) an instruction(s) by the Superintending Officer to suspend any work.
(12) The Contractor not having received from the Superintending Officer within a reasonable time necessary Drawings, instructions or other information in regard to the Works for which notice has been given by the Co...
Extension of the Time for Completion. A. Owner shall execute a Change Order for Excusable Delay by extending the contract time for the period of the delay. Any of the following shall constitute excusable delay for which the Contract time shall be extended: (1) Strike, boycott, embargo, terrorism, armed rebellion, quarantine, or other obstructive action by employees, labor organizations, discovery of archaeological or paleontological artifacts, act or neglect of a public utility, or order of government authority, and (2) Fire, flood, earthquake, tornado, tidal wave, lightning casualty loss, epidemic, or usually adverse weather.
B. Any claim for delay due to unusually adverse weather shall be supported by documentation that weather at the job site: (1) could not have been anticipated, and (2) Had an adverse effect on the construction schedule. Substantiation must include: (1) Supporting evidence from the US National Climate Data Center or similar authority for at least the previous 10 years, and (2) The Project schedule showing specific Work events which were delayed.
C. For delay in the delivery of materials or equipment or for a shortage of labor that results from unforeseeable circumstances beyond the control and without fault or negligence of EFC, L.L.C., or any subcontractor or material supplier of EFC, L.L.C., Owner will grant an extension of the Contract Time if: (1) EFC, L.L.C. notifies Owner promptly on discovery of the anticipated shortage, (2) EFC, L.L.C. substantiates the delay is unavoidable with a detailed chronology of events and all the relevant correspondence, and (3) EFC, L.L.C. provides a firm date when the material, equipment or labor will be available.
D. Extensions of the Contract Time due to delay shall be granted on the basis of 1.3 calendar days for everyday EFC, L.L.C. would have worked but was unable to work due to Excusable Delay. Extensions shall be rounded up to the nearest whole calendar day.
E. Owner shall reimburse EFC, L.L.C. for overhead expenses for EFC, L.L.C. and subcontractors for the period of the Excusable Delay so long as EFC, L.L.C. and subcontractors are not responsible for the delay. Overhead expense includes (1) Direct overhead (such as temporary utilities, temporary facilities, field office staff, and equipment), and (2) Indirect overhead (the proportionate share of home office expense, general management, technical services, estimating, selling, accounting, bookkeeping, business license and taxes, professional and clerical fees).
Extension of the Time for Completion. (a) The Time for Completion shall be extended if the Operator is delayed or impeded in the performance of the Design-Build Services by reason of any of the following:
i. a Change, unless the Parties have already agreed to an adjustment to the Time for Completion as part of the applicable Change;
ii. an occurrence of Force Majeure as provided in Section 16.8, Unforeseeable physical conditions as provided for in Section 16.7, or loss or damage as a result of the occurrences set out in Section 16.4(b);
iii. any suspension order given by the Owner pursuant to Section 18.1.1;
iv. any change in the Applicable Law in accordance with Section 16.10;
v. any default or breach of the Contract by the Owner or any activity, act or omission of any other contractors employed by the Owner; or
vi. any other matter specifically mentioned in the Contract, by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the actual delay or impediment sustained by the Operator.
(b) The Operator shall submit, to the Design-Build Engineer, any notice of a claim for an extension of the Time for Completion in accordance with Section 1.11.
(c) The Operator shall, at all times, use reasonable efforts to minimize any delay in the performance of its obligations under the Contract.
Extension of the Time for Completion. A. Owner shall execute a Change Order for Excusable Delay by extending the Contract Time for the period of the delay. Any of the following shall constitute excusable delay for which the Contract Time shall be extended: (1) Strike, boycott, embargo, terrorism, armed rebellion, quarantine or other obstructive action by employees, labor organizations, discovery of archaeological or paleontological artifacts, act or neglect of a public utility, or order of government authority, and (2) Fire, flood, earthquake, tornado, tidal wave, lightning, casualty loss, epidemic, or unusually adverse weather.
B. Any Claim for delay due to unusually adverse weather shall be supported by documentation that weather at the Job Site: (1) Could not have been anticipated, and (2) Had an adverse effect on the construction schedule. Substantiation must include: (1) Supporting evidence from the US National Climatic Data Center or Similar authority for at least the previous 10 years, and (2) The Project schedule showing specific Work events which were delayed.
C. For delay in delivery of materials or equipment or for a shortage of labor that results from unforeseeable circumstances beyond the control and without fault or negligence of Plot Designer, or any Subcontractor or Material Supplier of Plot Designer, Owner will grant an extension of the Contract Time if: (1) Plot Designer notifies Owner promptly on discovery of the anticipated shortage, (2) Plot Designer substantiates the delay as unavoidable with a detailed chronology of events and all relevant correspondence, and (3) Plot Designer provides a firm date when the material, equipment or labor will be available.
D. Extensions of the Contract Time due to delay shall be granted on the basis of 1.3 calendar days for every day Plot Designer would have worked but was unable to Work due to Excusable Delay. Extensions shall be rounded up to the nearest whole calendar day.
E. Any Change Order granted for Excusable Delay shall have no effect on a Claim by Plot Designer for damage from the same delay for interruption, hindrance, or disruption.
F. Any wrongful refusal by Owner to grant an extension of the Contract Time shall entitle Plot Designer to recover the additional costs due to acceleration so long as Plot Designer: (1) Actually did accelerate the Work, and (2) Gave notice to Owner of intent to Claim costs for acceleration. Valid acceleration costs may include: (1) Overtime and premium time Work, (2) Expedited delivery of materials a...
