Common use of No Damage for Delays Clause in Contracts

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMR’s performance of the Work and then only to the extent such acts continue after CMR notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMR’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies. 13.1.3.1 The amount of any claim for damages asserted by CMR for a delay caused by TFC’s sole intentional interference shall not exceed the sum calculated as follows: (i) the per diem amount of CMR’s General Conditions Costs set forth in 8.2 x number of days of delay plus (ii) direct costs incurred during the period of delay based on allowable Costs of the Work set forth in Section 8.1. CMR shall not be entitled to (z) any indirect or consequential damages, (y) home office overhead, home office charges, or any damages based on Eichleay formula calculation;

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMR’s performance of the Work and then only to the extent such acts continue after CMR notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMR’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies. 13.1.3.1 . The amount of any claim for damages asserted by CMR for a delay caused by TFC’s sole intentional interference shall not exceed the sum calculated as follows: (i) the per diem amount of CMR’s General Conditions Costs set forth in 8.2 x number of days of delay plus (ii) direct costs incurred during the period of delay based on allowable Costs of the Work set forth in Section 8.1. CMR shall not be entitled to (z) any indirect or consequential damages, (y) home office overhead, home office charges, or any damages based on Eichleay formula calculation;; (x) recovery of any damages based on a comparison of planned expenditures to total actual expenditures, or on losses of labor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly; (w) any profits or lost profits, except as expressly recoverable as CMR Construction Services Fee on the Cost of the Work in Section 7.1.1; (v) exemplary damages, (u) unjust enrichment damages, or (t) attorney’s fees. All recoverable Costs must be shown to have been directly caused by TFC intentional interference. Nothing in this Section shall constitute an express authorization in the Contract for the recovery of compensation for increased cost to perform the Work as a direct result of TFC-caused delays or acceleration pursuant to Tex. Civ. Prac & Rem. Code Ch. 114.

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR DB for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMRDB’s performance of the Work and then only to the extent such acts continue after CMR DB notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR DB shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMRDB’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies. 13.1.3.1 The amount of any claim for damages asserted by CMR DB for a delay caused by TFC’s sole intentional interference shall not exceed the sum calculated as follows: (i) the per diem amount of CMRDB’s General Conditions Costs set forth in 8.2 Section 7.2 x number of days of delay plus (ii) direct costs incurred during the period of delay based on allowable Costs of the Work set forth in Section 8.17.1. CMR DB shall not be entitled to (za) any indirect or consequential damages, (y) home office overhead, home office charges, or any damages based on Eichleay formula calculation;,

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMR’s performance of the Work and then only to the extent such acts continue after CMR notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMR’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies. 13.1.3.1 The amount of any claim for damages asserted by CMR for a delay caused by TFC’s sole intentional interference shall not exceed the sum calculated as follows: (i) the per diem amount of CMR’s General Conditions Costs set forth in 8.2 x number of days Days of delay plus (ii) direct costs incurred during the period of delay based on allowable Costs of the Work set forth in Section 8.1. CMR shall not be entitled to (z) any indirect or consequential damages, (y) home office overhead, home office charges, or any damages based on Eichleay formula calculation;

No Damage for Delays. Notwithstanding any provision in the UGCs, an extension of the Contract Time shall be the sole remedy of CMR for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of TFC that constitute intentional interference with CMR’s performance of the Work and then only to the extent such acts continue after CMR notifies TFC in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of TFC, CMR shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages as set forth in Section 13.1.3.1 below. TFC’s exercise of any of its rights or remedies under the Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with CMR’s performance of the Work regardless of the extent or frequency of TFC’s exercise of such rights or remedies. 13.1.3.1 The amount of any claim for damages asserted by CMR for a delay caused by TFC’s sole intentional interference shall not exceed the sum calculated as follows: (i) the per diem amount of CMR’s General Conditions Costs set forth in 8.2 x number of days of delay plus (ii) direct costs incurred during the period of delay based on allowable Costs of the Work set forth in Section 8.1. CMR shall not be entitled to (z) any indirect or consequential damages, (y) home office overhead, home office charges, or any damages based on Eichleay formula calculation;,