Common use of Limitation on Time Extensions Clause in Contracts

Limitation on Time Extensions. Any extension of a Completion Deadline allowed hereunder shall exclude any delay to the extent that it: (a) did not impact a the Critical Path for the applicable Completion Deadline, (b) was due to the fault or negligence, or act or failure to act of any DB Contractor-Related Entity, or (c) could reasonably have been avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work (provided that if the request for extension involves a TxDOT-Caused Delay, DB Contractor shall be entitled to a time extension unless TxDOT shall have agreed, if requested to do so, to reimburse DB Contractor for its costs incurred, if any, in re- sequencing, reallocating or redeploying its forces). In addition, any extension of a Completion Deadline allowed under this Design-Build Contract other than for a TxDOT-Caused Delay, shall exclude any delay to the extent it is concurrent with any other unrelated delay to a Critical Path for which DB Contractor is responsible hereunder. In the event a delay for which the DB Contractor is solely responsible is concurrent with a TxDOT-Caused Delay, DB Contractor shall be entitled to a time extension for the TxDOT-Caused Delay but not to any increase in the Price due to the delay, including any delay or disruption damages. If a delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension (or which otherwise counts towards a cap on DB Contractor’s responsibility for such delay, such as the 180-day cap for Karst Mitigation Delay), only one of the delays shall be considered for purposes of the Change Order provisions in the Design-Build Contract. If the concurrent delays provide for different relief (i.e. one day of relief for one day of delay versus one day of relief for two days of delay), the delay providing the greater relief to DB Contractor shall apply. In no event shall DB Contractor receive a time extension or credit towards a time extension for more than one delay on a particular day. DB Contractor shall be required to demonstrate to TxDOT’s satisfaction that the change in the Work or other event or situation that is the subject of the Request for Change Order seeking a change in a Completion Deadline has caused or will result in an identifiable and measurable disruption of the Work that has impacted the Critical Path activity (i.e., consumed all available Float and extended the time required to complete the Work necessary to meet achieve Substantial Completion or Final Acceptance beyond the applicable Completion Deadline).

Limitation on Time Extensions. Any extension of a Completion Deadline allowed hereunder shall exclude any delay to the extent that it: (a) did not impact a the Critical Path for the applicable Completion Deadline, (b) was due to the fault or negligence, or act or failure to act of any DB Contractor-Related Entity, or (c) could reasonably have been avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work (provided that if the request for extension involves a TxDOT-Caused Delay, DB Contractor shall be entitled to a time extension unless TxDOT shall have agreed, if requested to do so, to reimburse DB Contractor for its costs incurred, if any, in re- re-sequencing, reallocating or redeploying its forces). In addition, any extension of a Completion Deadline allowed under this Design-Design- Build Contract other than for a TxDOT-Caused Delay, shall exclude any delay to the extent it is concurrent with any other unrelated delay to a Critical Path for which DB Contractor is responsible hereunder. In the event a delay for which the DB Contractor is solely responsible is concurrent with a TxDOT-Caused Delay, DB Contractor shall be entitled to a time extension for the TxDOT-Caused Delay but not to any increase in the Price due to the delay, including any delay or disruption damages. If a delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension (or which otherwise counts towards a cap on DB Contractor’s responsibility for such delay, such as the 180-day cap for Karst Mitigation Delay), only one of the delays shall be considered for purposes of the Change Order provisions in the Design-Build Contract. If the concurrent delays provide for different relief (i.e. one day of relief for one day of delay versus one day of relief for two days of delay), the delay providing the greater relief to DB Contractor shall apply. In no event shall DB Contractor receive a time extension or credit towards a time extension for more than one delay on a particular day. DB Contractor shall be required to demonstrate to TxDOT’s satisfaction that the change in the Work or other event or situation that is the subject of the Request for Change Order seeking a change in a Completion Deadline has caused or will result in an identifiable and measurable disruption of the Work that has impacted the Critical Path activity (i.e., consumed all available Float and extended the time required to complete the Work necessary to meet achieve Substantial Completion or Final Acceptance beyond the applicable Completion Deadline).

Limitation on Time Extensions. Any extension of a Completion Deadline allowed hereunder shall exclude any delay to the extent that it: (a) did not impact a the Critical Path for the applicable Completion DeadlinePath, (b) was due to the fault or negligence, or act or failure to act of any DB Contractor-Related Entity, or (c) could reasonably have been avoided by DB Contractor, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work (provided that if the request for extension involves a TxDOT-TxDOT- Caused Delay, DB Contractor shall be entitled to a time extension unless TxDOT shall have agreed, if requested to do so, to reimburse DB Contractor for its costs incurred, if any, in re- re-sequencing, reallocating or redeploying its forces). In addition, any extension of a Completion Deadline allowed under this Design-Build Contract other than for a TxDOT-Caused Delay, shall exclude any delay to the extent it is concurrent with any other unrelated delay to a Critical Path for which DB Contractor is responsible hereunder. In the event a delay for which the DB Contractor is solely responsible is concurrent with a TxDOT-Caused Delay, DB Contractor shall be entitled to a time extension for the TxDOT-Caused Delay but not to any increase in the Price due to the delay, including any delay or disruption damages. If a delay for which DB Contractor is entitled to a time extension is concurrent with another delay for which DB Contractor is also entitled to a time extension (or which otherwise counts towards a cap on DB Contractor’s responsibility for such delay, such as the 180-day cap for Karst Mitigation Delay), only one of the delays shall be considered for purposes of the Change Order provisions in the Design-Build Contract. If the concurrent delays provide for different relief (i.e. one day of relief for one day of delay versus one day of relief for two days of delay), the delay providing the greater relief to DB Contractor shall apply. In no event shall DB Contractor receive a time extension or credit towards a time extension for more than one delay on a particular day. DB Contractor shall be required to demonstrate to TxDOT’s satisfaction that the change in the Work or other event or situation that is the subject of the Request for Change Order seeking a change in a Completion Deadline has caused or will result in an identifiable and measurable disruption of the Work that has impacted the Critical Path activity (i.e., consumed all available Float and extended the time required to complete the Work necessary to meet achieve Substantial Completion or Final Acceptance beyond the applicable Completion Deadline).