Common use of Prosecution of the Work Clause in Contracts

Prosecution of the Work. The Design/Builder shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the rate of progress is such that the total amount of Work and/or the degree of completion of the Project accomplished by the Design/Builder within any time period required by the Schedule is less than the amount therein specified, the Design/Builder shall so notify the Owner. If the delay is an Unexcused Delay, the Design/Builder shall prepare a recovery schedule for the Owner's review and approval, showing how the Design/Builder will compensate for the delays and achieve Substantial Completion by the date shown on the Schedule. If the Design/Builder is unable to demonstrate how it will overcome Unexcused Delays, the Owner may order the Design/Builder to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion Date set forth therein, the costs of which shall be paid as Cost of the Work. If the delay is an Excusable Delay, the Owner shall either (a) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the GMP on account of such delay, to the extent permitted by Article 6; or (b) request that the Design/Builder prepare a recovery schedule showing how (if possible) the Design/Builder can achieve Substantial Completion by the date shown on the Schedule, and equitably adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of the Design/Builder on account of such recovery schedule.

Prosecution of the Work. The Design/Builder shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the rate of progress is such that the total amount of Work and/or the degree of completion of the Project accomplished by the Design/Builder within any time period required by the Schedule is less than the amount therein specified, the Design/Builder shall so notify the Owner. If the delay is an Unexcused Delay, the Design/Builder shall prepare a recovery schedule for the Owner's review and approval, showing how the Design/Builder will compensate for the delays and achieve Substantial Completion by the date shown on the Schedule. If the Design/Builder is unable to demonstrate how it will overcome Unexcused Delays, the Owner may order the Design/Builder to employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Completion Date set forth therein, the costs of which shall be paid as Cost of the Work. If the delay is an Excusable Delay, the Owner shall either may either: (a) authorize an equitable extension in the Schedule to account for such delay, and equitably may agree in writing to adjust the GMP on account of such delay, to the extent permitted by Article 6; or (b) request that the Design/Builder prepare a recovery schedule showing how (if possible) the Design/Builder can achieve Substantial Completion by the date shown on the Schedule, Schedule and equitably may agree in writing to adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of the Design/Builder on account of such recovery schedule.

Prosecution of the Work. The Design/Builder CONTRACTOR shall prosecute the Work so that the portion of the Work completed at any point in time shall be not less than as required by the Schedule. If the rate of progress is such that the total amount of Work and/or the degree of completion of the Project accomplished by the Design/Builder CONTRACTOR within any time period required by the Schedule is less than the amount therein specified, the Design/Builder CONTRACTOR shall so notify the OwnerCITY. If the delay is an Unexcused Delay, the Design/Builder CONTRACTOR shall prepare a recovery schedule for the OwnerCITY's review and approval, showing how the Design/Builder CONTRACTOR will compensate for the delays and achieve Substantial Final Completion by the date shown on the Schedule. If the Design/Builder CONTRACTOR is unable to demonstrate how it will overcome Unexcused Delays, the Owner may order the Design/Builder to CONTRACTOR shall employ such extraordinary measures as are necessary to bring the Work into conformity with the Substantial Final Completion Date set forth therein, the costs of which shall be paid as a Cost of the WorkWork and not exceed the GMP. If the delay is an Excusable Delay, the Owner CITY shall either (a) authorize an equitable extension in the Schedule to account for such delay, and equitably adjust the GMP on account of such delay, to the extent permitted by Article 6; or (b) request that the Design/Builder CONTRACTOR prepare a recovery schedule showing how (if possible) the Design/Builder CONTRACTOR can achieve Substantial Completion by the date shown on the ScheduleSchedule (as modified), and equitably adjust the GMP in accordance with the Change Order provisions of this Agreement on account of any extraordinary activities required of the Design/Builder CONTRACTOR on account of such recovery schedule. Schedule float (total float) shall be owned by CITY. As float is an expiring resource, if the Work is delayed on the critical path due to a delay caused by the CONTRACTOR and/or Architect/Engineer, the CONTRACTOR may not use any float created by such a delay on any other path without the express written approval of CITY.