Common use of No Damage for Delay Clause in Contracts

No Damage for Delay. To the fullest extent permitted by Applicable Laws, unless otherwise set forth in the Contract Documents, Contractor shall have no Claim against Owner Parties for any increase in the Contract Sum, damages, losses, or expenses, resulting from a Delay, unless Owner or its agents actively interfered and directly caused such Delay, in which case Contractor’s Claim shall be limited to reimbursement for Contractor’s actual and direct costs, expressly excluding impact costs such as extended home office, overhead, and loss of profit.

Appears in 7 contracts

Samples: Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement, Construction Manager and General Contractor Agreement

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No Damage for Delay. To the fullest extent permitted by Applicable Laws, unless otherwise set forth in the Contract Documents, Contractor shall have no Claim against Owner Parties for any increase in the Contract Sum, damages, losses, or expenses, resulting from a Delay, unless Owner or its agents actively interfered and directly caused such Delay, in which case Contractor’s Claim shall be limited to reimbursement for Contractor’s actual and direct costs, expressly excluding impact costs such as extended home office, overhead, and loss of profit.. [Discussion point – if this is permissible, must be narrowly tailored]

Appears in 4 contracts

Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement

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No Damage for Delay. To the fullest extent permitted by Applicable Laws, unless otherwise set forth in the Contract Documents, Contractor shall have no Claim against Owner Parties for any increase in the Contract Sum, damages, losses, or expenses, resulting from a Delay, unless Owner or its agents actively interfered by their acts and directly omissions caused such unreasonable Delay, in which case Contractor’s Claim shall be limited to reimbursement an equitable adjustment for Contractor’s actual and direct costs, expressly excluding indirect and consequential impact costs such as extended home office, overhead, and loss of profit.

Appears in 2 contracts

Samples: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement

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