Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its Subcontractors, suppliers and vendors; (ii) is caused by circumstances beyond the control of Town or Consultant; or (iii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by Town or Consultant, then Contractor shall be entitled only to a time extension and no further compensation for the delay.
Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of Contractor, its subcontractors, material persons, suppliers and vendors; (ii) is caused by circumstances beyond the control of the County; or (iii) is caused jointly or concurrently by Contractor or its subcontractors, material persons, suppliers or vendors and by the County or Consultant, then Contractor shall be entitled to a time extension equal to the actual number of days delayed on the critical path. Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for change in Contract Time pursuant to Section 9.1. These time extensions are justified only when rain or other inclement weather conditions or related adverse soil conditions prevent Contractor from productively performing controlling items of Work identified on the accepted schedule or updates resulting in Contractor being unable to work at least fifty (50%) of the normal workday on controlling items of Work identified on the accepted schedule or updates due to adverse weather conditions.
Non-Compensable Excusable Delay. When Excusable Delay is not due solely to fraud, bad faith or active interference on the part of CITY or its agents, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay.
Non-Compensable Excusable Delay. 40.7.1 Contractor shall be entitled only to a time extension and no further compensation for Non-Compensable Excusable Delay.
Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of the DBT, its Subconsultants/Subcontractors, material persons, suppliers and vendors, and is also caused by circumstances beyond the control of the COUNTY or (ii) is caused jointly or concurrently by the DBT or its Subconsultants/Subcontractors, material persons, suppliers or vendors and by the COUNTY or Consultants, then the DBT shall be entitled to a time extension equal to the actual number of days delayed on the critical path. The extended General Conditions costs associated with such time extension will in no case entitle the DBT to an increase the Lump Sum Amount, nor any damages for the delay.
Non-Compensable Excusable Delay. When Excusable Delay is caused by circumstances beyond the control of CONTRACTOR, its Subcontractors, material persons, suppliers and vendors, and is also caused by circumstances beyond the control of the COUNTY, PMO, CPM or Consultant, then CONTRACTOR shall be entitled to a time extension equal to the actual number of work days delayed on the critical path of the accepted schedule. The CONTRACTOR’s General Conditions and CONTRACTOR’s Management Services costs associated with such time extension shall be considered Cost of the Work, but in no case shall CONTRACTOR be entitled to any increase in GMP nor any damages for the delay. Such costs may be compensated by a CPEAM transfer of COUNTY’s Contingency to the CONTRACTOR’s General Conditions or CONTRACTOR’s Management Services, fixed fee not included, at the CA’s sole discretion.
Non-Compensable Excusable Delay. When Excusable Delay is not due solely to fraud, bad faith or active interference on the part of CITY or its agents, then Construction Manager shall be entitled only to a time extension and no further compensation for the delay, other than Construction Manager’s reimbursement of Construction Manager’s General Conditions within the Guaranteed Maximum Price.
