Extension of Time and Compensation Rights Clause Samples
Extension of Time and Compensation Rights. In the case of any suspension under this Section 20.7 or any suspension by Contractor under Section 19.5, other than a Suspension for Cause:
(a) the Project Guaranteed Dates shall be extended by a period equal to the suspension period, subject to Section 20.7.1, plus a reasonable period for demobilization and remobilization as approved by Owner;
(b) Owner shall pay Contractor within the periods provided in Article 6 after receipt of Contractor’s invoices (which invoices shall be submitted monthly during the applicable suspension period) for those costs (including a reasonable fee) incurred during the suspension period that are documented by Contractor to the reasonable satisfaction of Owner, to the extent attributable to the suspension, and that are:
(i) for the purpose of safeguarding or storing the Work and the Equipment and Materials at the point of fabrication, in transit, or at the Project Site;
(ii) for personnel, Subcontractors, or rented Equipment and Materials, the payments for which, with Owner’s prior written concurrence, are continued during the suspension period;
(iii) for reasonable costs of demobilization and remobilization; or
(iv) for rescheduling the Work (including penalties or additional payments to Subcontractors for the same); or
(v) any other actual costs that can be reasonably demonstrated by Contractor and reasonably acceptable to Owner with respect to the Project; and
(c) the Project Schedule, the Critical Path Items on the Milestone Summary Schedule and the Payment Schedule shall be adjusted to account for same.
Extension of Time and Compensation Rights. In the case of any suspension under this Article 22 or any suspension by Contractor under Section 20.5, other than a Suspension for Cause (as defined below):
(a) the Substantial Completion Guaranteed Date and every other Contractor milestone shall be extended by the period of time that Contractor is delayed in the performance of activities or milestones as a result of such suspension, plus a reasonable period for demobilization and remobilization as approved by Owner;
(b) Owner shall pay Contractor within thirty (30) days after receipt of Contractor’s invoice (which invoices shall be submitted monthly during the applicable suspension period) for those costs incurred during the suspension period that are documented by Contractor to the reasonable satisfaction of Owner, to the extent attributable to the suspension, and that are:
(i) for the purpose of safeguarding and/or storing the Work and the Equipment and Materials at the point of fabrication, in transit, or at the Site;
(ii) for personnel, Subcontractors, Vendors, or rented Equipment and Materials, the payments for which, with Owner’s prior written concurrence, are continued during the suspension period;
(iii) for reasonable costs of demobilization and remobilization; or
(iv) for rescheduling the Work (including penalties or additional payments to Subcontractors or Vendors for the same); and
(c) the Key Date Items on the Key Date Schedule and the Payment Schedule shall be adjusted to account for same. Notwithstanding the foregoing, neither the Contract Price nor the Substantial Completion Guaranteed Date shall be adjusted for a Suspension for Cause. A suspension shall be a Suspension for Cause if both of the following conditions are satisfied (a “Suspension for Cause”):