Common use of Non-Compensable Delays Clause in Contracts

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 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.1. 11.5.1 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. 11.5.2 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. 11.5.3 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action or omission by the City; 44.5.4. 11.5.4 Any labor boycott, strike, picketing, lockout or similar situation; 44.5.5. 11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.6. 11.5.6 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. 11.5.7 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 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.111.5.1. 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; 44.5.211.5.2. 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 that would be generally recognized by a reasonably prudent contractor 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; 44.5.311.5.3. 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action act or omission by the City; 44.5.411.5.4. Any labor boycott, strike, picketing, lockout or similar situation; 44.5.511.5.5. Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.611.5.6. 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 44.5.711.5.7. 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 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 that would be generally recognized by a reasonably prudent contractor 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 the Work, or by third parties, unless such order, injunction or judgment was the result of an action act 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 Contractor agrees to make no claim for, and is deemed to have included in its Bid 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.1. 11.5.1 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. 11.5.2 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 that would be generally recognized by a reasonably prudent contractor 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. 11.5.3 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action act or omission by the City; 44.5.4. 11.5.4 Any labor boycott, strike, picketing, lockout or similar situation; 44.5.5. 11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.6. 11.5.6 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. 11.5.7 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 Contractor agrees to make no claim for, and is deemed to have included in its Bid 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.1. 11.5.1 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. 11.5.2 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. 11.5.3 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action or omission by the City; 44.5.4. 11.5.4 Any labor boycott, strike, picketing, lockout or similar situation; 44.5.5. 11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.6. 11.5.6 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. 11.5.7 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. 11.5.8 Required Content of Submission of Statement of Xxxxx Xxxxxxx. In the verified written statement of delay damages required by Article 11.1.2, the following information shall be provided by the Contractor: 11.5.8.1 For each delay, the start and end dates of the claimed periods of delay and, in addition, a description of the operations that were delayed, an explanation of how they were delayed, and the reasons for the delay, including identifying the applicable act or omission of the City listed in Article 11.4. 11.5.8.2 A detailed factual statement of the claim providing all necessary dates, locations and items of Work affected by the claim. 11.5.8.3 The amount of additional compensation sought and a breakdown of that amount into categories as described in Article 26.2, subject to the limitations set forth in Article 11.7. 11.5.8.4 Any additional information requested by the Commissioner.

Non-Compensable Delays. The Contractor agrees to make no claim for, and is deemed to have included in its Bid 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.1. 11.5.1 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. 11.5.2 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. 11.5.3 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action or omission by the City; 44.5.4. 11.5.4 Any labor boycott, strike, picketing, lockout or similar situation; 44.5.5. 11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.6. 11.5.6 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. 11.5.7 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 Contractor agrees to make no claim for, and is deemed to have included in its Bid 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 4613. Such extensions of time will be granted, if at all, pursuant to the grounds set forth in Article 46.313.3. 44.5.1. 11.5.1 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. 11.5.2 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;the 44.5.3. 11.5.3 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 WorkConstruction, or by third parties, unless such order, injunction or judgment was the result of an action or omission by the City; 44.5.4. 11.5.4 Any labor boycott, strike, picketing, lockout or similar situation; 44.5.5. 11.5.5 Any shortages of supplies or materials, or unavailability of equipment, required by the Contract Work; 44.5.6. 11.5.6 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. 11.5.7 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. 11.5.8 Required Content of Submission of Statement of Xxxxx Xxxxxxx. In the verified written statement of delay damages required by Article 11.1.2, the following information shall be provided by the Contractor: