Common use of Procedure for Time Extension Requests Clause in Contracts

Procedure for Time Extension Requests. SAMPLE a. No time extensions will be allowed unless they are set forth in a Change Order which has been approved and executed by the Commission. b. The Design-Builder expressly consents to both the time requirements and notice content requirements for requesting an extension of time set forth in this Section 10.03.5. The Design-Builder acknowledges that the notice requirements set forth in this section 10.03.5 shall be strictly enforced and agrees that any failure on the part of the Design-Builder to provide notice strictly in accordance with the requirements of this Section 10.03.5 shall constitute a waiver of the Design-Builder’s right to seek an extension of time or to file a dispute to the Executive Director under Article 18. The Design-Builder further acknowledges that the time requirements and content requirements of Section 10.03.5 have the purpose, among others, of allowing the Commission Representative and Commission to evaluate the time extension request contemporaneously with the event that has been claimed to cause the delay. c. In order to request a Time Extension, a “Notice of Delay” or “Commencement of Delay” notice must be provided in writing to the Commission Representative, no more than five (5) calendar days after the commencement of the delay, otherwise the claim for the time extension is waived. A “Notice of Delay” shall be provided for a delay event that commenced and terminated within the five (5) day notice period. The Notice of Delay shall indicate the date of commencement of the delay and the date on which the delay terminated and shall include a brief description of the delaying event. d. A “Commencement of Delay” notice shall be provided for an event of delay that continues beyond the five (5) day period for providing notice. If the cause of the delay continues for more than five (5) calendar days after the start of the delay, a “Termination of Delay” notice must be provided in writing, to the Commission Representative along with the “Request for Time Extension” within ten (10) calendar days after the termination of the delay.

Procedure for Time Extension Requests. SAMPLE a. No time extensions will be allowed unless they are set forth in a Change Order which has been approved and executed by the Commission. b. The Design-Builder expressly consents to both the time requirements and notice content requirements for requesting an extension of time set forth in this Section 10.03.5. The Design-Builder acknowledges that the notice requirements set forth in this section 10.03.5 shall be strictly enforced and agrees that any failure on the part of the Design-Builder to provide notice strictly in accordance with the requirements of this Section 10.03.5 shall constitute a waiver of the Design-Builder’s right to seek an extension of time or to file a dispute to the Executive Director under Article 18. The Design-Builder further acknowledges that the time requirements and content requirements of Section 10.03.5 have the purpose, among others, of allowing the Commission Representative and Commission to evaluate the time extension request contemporaneously with the event that has been claimed to cause the delay. c. In order to request a Time Extension, a “Notice of Delay” or “Commencement of Delay” notice must be provided in writing to the Commission Representative, no more than five (5) calendar days after the commencement of the delay, otherwise the claim for the time extension is waived. A “Notice of Delay” shall be provided for a delay event that commenced and terminated within the five (5) day notice period. The Notice of Delay shall indicate the date of commencement of the delay and the date on which the delay terminated and shall include a brief description of the delaying event. d. A “Commencement of Delay” notice shall be provided for an event of delay that continues beyond the five (5) day period for providing notice. If the cause of the delay continues for more than five (5) calendar days after the start of the delay, a “Termination of Delay” notice must be provided in writing, to the Commission Representative along with the “Request for Time Extension” within ten (10) calendar days after the termination of the delay. e. The Design-Builder must submit its “Request for Time Extension” in writing to the Commission Representative within ten (10) calendar days after the termination of the delay. The “Request for Time Extension shall: (1) State the cause of the delay, identifying the type of Excusable Delay; state the facts giving rise to the delay; and state the number of days requested. (2) Specifically demonstrate the negative impact of the delay on the critical path of the Target Schedule by submitting a complete Time Impact Analysis (TIA) which shall include a fragmentary critical path network (Fragnet) that accounts for any float on the project and illustrates the impact of the alleged delay on the Target Schedule. f. The Commission Representative shall advise the Design-Builder of its recommendation regarding the Time Extension request, in writing, within ten (10) days of receipt. If the Design-Builder and Commission Representative agree on the Time Extension to be granted, a Change Order will be processed and approved stating the Time Extension to be provided and any change to the Contract Amount. g. The Executive Director may: 1) recommend that the entire Time Extension be granted; 2) recommend that a portion of the Time Extension be granted; or 3) deny the Time Extension. The Executive Director will provide the Design-Builder a final decision in writing within fifteen (15) days of receipt of the Time Extension request from the Commission Representative, or such additional time as the Executive Director requires, but not to exceed ten (10) additional days. h. The Design-Builder must make a Dispute to the Executive Director, as required by Article 18, regarding any Time Extension request to which the Commission Representative and Design-Builder do not agree, as limited by this Section 10.03.5.

Procedure for Time Extension Requests. SAMPLE a. No time extensions will be allowed unless they are set forth in a Change Order which has been approved and executed by the Commission. b. The Design-Builder expressly consents to both the time requirements and notice content requirements for requesting an extension of time set forth in this Section 10.03.5. The Design-Builder acknowledges that the notice requirements set forth in this section 10.03.5 shall be strictly enforced and agrees that any failure on the part of the Design-Builder to provide notice strictly in accordance with the requirements of this Section 10.03.5 shall constitute a waiver of the Design-Builder’s right to seek an extension of time or to file a dispute to the Executive Director under Article 18. The Design-Builder further acknowledges that the time requirements and content requirements of Section 10.03.5 have the purpose, among others, of allowing the Commission Representative and Commission to evaluate the time extension request contemporaneously with the event that has been claimed to cause the delay. c. In order to request a Time Extension, a “Notice of Delay” or “Commencement of Delay” notice must be provided in writing to the Commission Representative, no more than five (5) calendar days after the commencement of the delay, otherwise the claim for the time extension is waived. A “Notice of Delay” shall be provided for a delay event that commenced and terminated within the five (5) day notice period. The Notice of Delay shall indicate the date of commencement of the delay and the date on which the delay terminated and shall include a brief description of the delaying event. d. A “Commencement of Delay” notice shall be provided for an event of delay that continues beyond the five (5) day period for providing notice. If the cause of the delay continues for more than five (5) calendar days after the start of the delay, a “Termination of Delay” notice must be provided in writing, to the Commission Representative along with the “Request for Time Extension” within ten (10) calendar days after the termination of the delay.