Non-Compensable Delays Sample Clauses
The Non-Compensable Delays clause defines situations where a contractor is not entitled to additional compensation for project delays, even if the completion date is extended. Typically, this clause applies to delays caused by events outside the control of both parties, such as extreme weather or government actions, and may allow for a time extension but not monetary relief. Its core function is to allocate the risk of certain unforeseen delays, ensuring that the contractor cannot claim extra costs for events deemed beyond the responsibility of the project owner.
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Non-Compensable Delays. The Contractor agrees to make no claim for, and is deemed to have included in its Bid prices for the various items of the Contract, the extra/additional costs attributable to any delays caused by or attributable to the items set forth below. For such items, the Contractor shall be compensated, if at all, solely by an extension of time to complete the performance of the Work, in accordance with the provisions of Article 46. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.3.
44.5.1. The acts or omissions of any third parties, including but not limited to Other Contractors, public/ governmental bodies (other than City Agencies), utilities or private enterprises, who are disclosed in the Contract Documents or are ordinarily encountered or generally recognized as related to the Work;
44.5.2. Any situation which was within the contemplation of the parties at the time of entering into the Contract, including any delay indicated or disclosed in the Contract Documents or generally recognized as related to the nature of the Work, and/or the existence of any facility or appurtenance owned, operated or maintained by any third party, as indicated or disclosed in the Contract Documents or ordinarily encountered or generally recognized as related to the nature of the Work;
44.5.3. Restraining orders, injunctions or judgments issued by a court which were caused by a Contractor’s submission, action or inaction or by a Contractor’s Means and Methods of Work, or by third parties, unless such order, injunction or judgment was the result of an action or omission by the City;
44.5.4. Any labor boycott, strike, picketing, lockout or similar situation;
44.5.5. Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work;
44.5.6. Climatic conditions, storms, floods, droughts, tidal waves, fires, hurricanes, earthquakes, landslides or other catastrophes or acts of God, or acts of war or of the public enemy or terrorist acts, including the City’s reasonable responses thereto; and
44.5.7. Extra Work which does not significantly affect the overall completion of the Contract, reasonable delays in the review or issuance of change orders or field orders and/or in shop drawing reviews or approvals.
Non-Compensable Delays. The Parties acknowledge that the following types of delays and events are not within the responsibility or control of City, and are reasonably contemplated by the Parties to occur during the course of performance of a Work Order Package which may impact the schedule for performance: Force Majeure events as described in the General Conditions (“Non-Compensable Delays”). Notwithstanding anything to the contrary in the Contract Documents, an extension of the Work Order Package Deadline, to the extent permitted under Section 8.2 of the General Conditions, shall be the sole remedy of Design-Builder for the above referenced Non- Compensable Delays. In no event shall Design-Builder be entitled to any compensation or recovery of any damages in connection with the Non- Compensable Delays identified in this section including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration.
Non-Compensable Delays. The Parties acknowledge that the following types of delays and events are not within the responsibility or control of City, and are reasonably contemplated by the Parties to occur during the course of performance of the Work which may impact the schedule for performance: (a) construction by separate contractors on or adjacent to the Sites; and (b) Force Majeure events as described in the General Conditions (“Non-Compensable Delays”). Notwithstanding anything to the contrary in the Contract Documents, an extension of the Contract Time, to the extent permitted under Paragraph 8.2 of the General Conditions, shall be the sole remedy of Design-Builder for the above referenced Non-Compensable Delays. In no event shall Design-Builder be entitled to any compensation or recovery of any damages in connection with the Non-Compensable Delays identified in this paragraph including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration.
Non-Compensable Delays. The Parties acknowledge that delays caused by Force Majeure events as defined in the General Conditions are not within the responsibility or control of the City and may impact the schedule for performance: construction. Notwithstanding anything to the contrary in the Contract Documents, an extension of the Contract Time, to the extent permitted under Section 8.2 of the General Conditions, shall be the sole remedy of Design-Builder for any such delay caused by a Force Majeure event. In no event shall Design-Builder be entitled to any compensation or recovery of any damages in connection with any such delay as identified in this paragraph including, without limitation, consequential damages, lost opportunity costs, impact damages or other similar remuneration
Non-Compensable Delays. Contractor’s sole remedy for Non-Compensable Delays shall be an extension of the applicable Contract Time, provided that Contractor has complied with the requirements of Paragraph 4.05.
Non-Compensable Delays. Consistent with Public Contract Code Section 7102, neither the District nor any person or entity acting on its behalf shall be required to pay any additional compensation to the Contractor or shall otherwise be liable for any costs attributable to a delay (each a “Non-Compensable Delay”) if: (i) the cause of the delay was beyond the control of and without the fault of the District; (ii) the delay was reasonable under the circumstances involved; or (iii) the delay was within the contemplation of the District and the Contractor. For purposes of the Contract, delays within the contemplation of the District and the Contractor shall be deemed and construed to include, without limitation, delays attributable to: (i) normal seasonal weather conditions; (ii) coordination of the Work with any Work by Others; (iii) work on the Project that must be completed prior to some or all of the Work being commenced or completed; (iv) discovery of hazardous materials (including, without limitation, asbestos) if the Work or the Project involves or relates to the presence, repair, modification, rehabilitation, reconstruction, demolition, removal or other accommodation of existing structures, utilities, or other improvements; (v) the location, time of year and other conditions in which the Work is to be performed; and (vi) other matters typically attendant to construction projects of the same general type and scope as the Project. The Contractor’s sole and exclusive remedy in the event of a Non- Compensable Delay shall be to seek an extension of time for performance of the Work.
Non-Compensable Delays. Neither the District nor any person or entity acting on its behalf shall be required to pay any additional compensation to the Contractor or shall otherwise be liable for any costs attributable to a delay (each a “Non-Compensable Delay”) if:
(i) the cause of the delay was beyond the control of and without the fault of the District; (ii) the delay was reasonable under the circumstances involved; or (iii) the delay was within the contemplation of the District and the Contractor. For purposes of the Contract, delays within the contemplation of the District and the Contractor shall be deemed and construed to include, without limitation, delays attributable to: (i) normal seasonal weather conditions; (ii) coordination of the Work with any Work by Others; (iii) work on the Project that must be completed prior to some or all of the Work being commenced or completed;
Non-Compensable Delays. The Contractor agrees to make no claim for, and is deemed to have included in its Bid prices for the various items of the Contract, the extra/additional costs attributable to any delays caused by or attributable to the items set forth below. For such items, the Contractor shall be compensated, if at all, solely by an extension of time to complete the performance of the Work, in accordance with the provisions of Article