No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings. 16.3.2 Developer shall only be entitled to compensation for delay when all of the following conditions are met: 16.3.2.1 The District is responsible for the delay; 16.3.2.2 The delay is unreasonable under the circumstances involved; 16.3.2.3 The delay was not within the contemplation of the District and Developer; 16.3.2.4 The delay could not have been avoided or mitigated by reasonable diligence; and 16.3.2.5 Developer timely complies with the claims procedure of the Contract Documents. 16.3.3 Where a change in the Work extends the Contract Time, Developer may request and recover additional, actual direct costs, provided that Developer can demonstrate such additional costs are: 16.3.3.1 Actually incurred performing the Work; 16.3.3.2 Not compensated by the Markup allowed; and 16.3.3.3 Directly result from the extended Contract Time. 16.3.4 Contractor shall comply with all required procedures, documentation and time requirements in the Contract Documents. Contractor may not seek or recover such costs using formulas (e.g. Eichleay, labor factors).
Appears in 7 contracts
Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement
No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings.
16.3.2 Developer shall only be entitled to compensation for delay when all of the following conditions are met:
16.3.2.1 The District is responsible for the delay;
16.3.2.2 The delay is unreasonable under the circumstances involved;
16.3.2.3 The delay was not within the contemplation of the District and Developer;
16.3.2.4 The delay could not have been avoided or mitigated by reasonable diligence; and
16.3.2.5 Developer timely complies with the claims procedure of the Contract Documents.
16.3.3 Where a change in the Work extends the Contract Time, Developer may request and recover additional, actual direct costs, provided that Developer can demonstrate such additional costs are:
16.3.3.1 Actually incurred performing the Work;
16.3.3.2 Not compensated by the Markup allowed; and
16.3.3.3 Directly result from the extended Contract Time.
16.3.4 Contractor Developer shall comply with all required procedures, documentation and time requirements in the Contract Documents. Contractor Developer may not seek or recover such costs using formulas (e.g. Eichleayx.x. Xxxxxxxx, labor factors).
Appears in 5 contracts
Samples: General Construction Agreement, General Construction Agreement, General Construction Agreement
No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings.
16.3.2 Developer shall only be entitled to compensation for delay when all of the following conditions are met:
16.3.2.1 The District is responsible for the delay;.
16.3.2.2 The delay is unreasonable under the circumstances involved;.
16.3.2.3 The delay was not within the contemplation of the District and Developer;
16.3.2.4 The delay could not have been avoided or mitigated by reasonable diligence; and
16.3.2.5 16.3.2.4 Developer timely complies with the claims procedure of the Contract Documents.
16.3.3 Where a change in the Work extends the Contract Time, Developer may request and recover additional, actual direct costs, provided that Developer can demonstrate such additional costs are:
16.3.3.1 Actually incurred performing the Work;
16.3.3.2 Not compensated by the Markup allowed; and
16.3.3.3 Directly result from the extended Contract Time.
16.3.4 Contractor shall comply with all required procedures, documentation and time requirements in the Contract Documents. Contractor may not seek or recover such costs using formulas (e.g. e.g., Eichleay, labor factors).
Appears in 1 contract
Samples: General Construction Agreement
No Additional Compensation for Delays within Developer’s Control. 16.3.1 Developer is aware that governmental agencies and utilities, including, without limitation, the Division of the State Architect, the Department of General Services, gas companies, electrical utility companies, water districts, and other agencies may have to approve Developer-prepared drawings or approve a proposed installation. Accordingly, Xxxxxxxxx has included in the Guaranteed Maximum Price, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies, including without limitation delays due to California Environmental Quality Act (“CEQA”) compliance. Thus, Developer is not entitled to make a claim for damages for delays arising from the review of Developer’s drawings.
16.3.2 Developer shall only be entitled to compensation for delay when all of the following conditions are met:
16.3.2.1 The District is responsible for the delay;
16.3.2.2 The delay is unreasonable under the circumstances involved;
16.3.2.3 The delay was not within the contemplation of the District and Developer;
16.3.2.4 The delay could not have been avoided or mitigated by reasonable diligence; and
16.3.2.5 Developer timely complies with the claims procedure of the Contract Documents.
16.3.3 Where a change in the Work extends the Contract Time, Developer may request and recover additional, actual direct costs, provided that Developer can demonstrate such additional costs are:
16.3.3.1 Actually incurred performing the Work;
16.3.3.2 Not compensated by the Markup allowed; and
16.3.3.3 Directly result from the extended Contract Time.
16.3.4 Contractor shall comply with all required procedures, documentation and time requirements in the Contract Documents. Contractor may not seek or recover such costs using formulas (e.g. e.g., Eichleay, labor factors).
Appears in 1 contract
Samples: General Construction Agreement
