Progress and Performance Clause Samples

Progress and Performance. The provisions of this Contract and the compensation to ENGINEER have been agreed to in anticipation of continuous and orderly progress through the completion of the ENGINEER’S services. Time for performance shall be extended to the extent necessary for delays due to circumstances over which the ENGINEER has no control. If the ENGINEER’S services are suspended or delayed the times of performance shall be extended to the extent of such delay or suspension. A delay or suspension shall not terminate this agreement unless ENGINEER elects to terminate in accordance with the provisions of Section V of this Contract. If a delay or suspension extends for a period of greater than one year for reasons beyond the control of the ENGINEER, the fees and rates of compensation set forth in Section IV shall be subject to re-negotiating.

Progress and Performance. Trade Contractor shall commence the Work in accordance with the Project Schedule immediately upon receipt of verbal or written notice to proceed from A/Z and shall, in a prompt, timely and diligent manner, prosecute the Work and the parts thereof efficiently and at a rate so as not to cause delay in the progress of the work of A/Z, other trade contractors, the Owner or the Owner’s separate contractors. Trade Contractor shall cooperate with A/Z, other trade contractors, the Owner and the Owner’s separate contractors to prevent or mitigate delays or interferences with regard to the completion of any part or whole of the Work or the Project. Trade Contractor acknowledges and agrees that the performance and completion of the Work in accordance with the Project Schedule as the same may be revised and amended from time to time by A/Z, in A/Z’s sole discretion, are all essential and material conditions of this Agreement. Trade Contractor acknowledges and agrees that time is of the essence with regard to the performance of the Work. Trade Contractor acknowledges and agrees that its failure to perform and complete the Work and the parts thereof, consistent to and in accordance with the Project Schedule shall constitute a material breach of this Agreement. Trade Contractor shall submit to A/Z a detailed schedule for performance of the Work and the parts thereof, in a form acceptable to A/Z, with the same indicating at a minimum the anticipated sequence of the Work, durations in days and labor hours for the parts thereof and all equipment and resources required for all identified activities. Said schedule shall name and identify any and all long lead time items necessary for the performance of the Work and identify the time required to support the Project Schedule. A/Z shall be entitled, in its sole discretion, to direct Trade Contractor to make modifications and revisions to said schedule and Trade Contractor agrees that it shall not be entitled to any financial adjustment to this Agreement arising out of or relating to any such modifications and revisions so directed by A/Z.