Common use of Non-Excusable and Excusable Delays Clause in Contracts

Non-Excusable and Excusable Delays. A. A Non-Excusable delay is any delay which extends the completion of the work or portion of the work beyond the Contract Time and which is caused by the act, fault or omission of the Construction Manager or any subcontractor, materialman, supplier, or vendor to the Construction Manager. Delays in obtaining permits caused by the Construction Manager’s actions or lack of actions are Non-Excusable Delays. A Non-Excusable Delay shall not be cause for granting a Contract Time extension and shall subject the Construction Manager to liquidated damages. B. An Excusable Delay is any delay which extends the completion of the work and which is caused by circumstances beyond the control of the Construction Manager or its subcontractors, materialman, supplier, or vendor to the Construction Manager. The Construction Manager may be entitled to a Contract Time extension for each day the work is delayed beyond the Contract Time due to an Excusable Delay. C. The Construction Manager shall document its claim for any time extension in accordance with the requirements of this Article 10. Failure of the Construction Manager to comply with all requirements as to any particular event of Project delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of Project delay. D. An Excusable Delay may be Compensable or Non-Compensable. For Compensable Excusable Delay the Construction Manager shall only be entitled to Additional Construction Phase Fee adjustments as outlined in section 8.1.2 A.4. above.

Non-Excusable and Excusable Delays. A. A Non-Excusable delay is any delay which extends the completion of the work or portion of the work beyond the Contract Time and which is caused by the act, fault or omission of the Construction Manager or any subcontractorSubcontractor, materialman, supplier, or vendor to the Construction Manager. Delays in obtaining permits caused by the Construction Manager’s actions or lack of actions are Non-Excusable Delays. A Non-Excusable Delay shall not be cause for granting a Contract Time extension and shall subject the Construction Manager to liquidated damages. B. An Excusable Delay is any delay which extends the completion of the work and which is caused by circumstances beyond the control of the Construction Manager or its subcontractorsSubcontractors, materialman, supplier, or vendor to the Construction Manager. The Construction Manager may be entitled to a Contract Time extension for each day the work is delayed beyond the Contract Time due to an Excusable Delay. C. The Construction Manager shall document its claim for any time extension in accordance with the requirements of this Article 10. Failure of the Construction Manager to comply with all requirements as to any particular event of Project delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of Project delay. D. An Excusable Delay may be Compensable or Non-Compensable. For Compensable Excusable Delay the Construction Manager shall only be entitled to Additional a reasonable negotiated amount due to impact.. E. An Excusable Delay is Compensable when: 1. The delay was not caused by the Construction Phase Fee adjustments as outlined in section 8.1.2 A.4Manager, causes the work to extend beyond the contract time, and one of the following: 1. aboveThe delay is caused by circumstances beyond the control of the Construction Manager or its Subcontractors, materialmen, suppliers, or vendors. 2. The delay is caused by an act or omission of the Owner, or of the Architect/Engineer. 3. The delay is caused by an act or omission of the permitting agencies, whether or not part of DCSB.