Common use of RECOVERY AND ACCELERATION OF WORK Clause in Contracts

RECOVERY AND ACCELERATION OF WORK. 16.3.1 In addition to Contractor’s own recovery plans, if Owner reasonably believes that Contractor will not achieve an Applicable Deadline, then Owner may provide a Notice to Contractor requiring Contractor to propose an additional recovery plan and implement it. Contractor shall be required to present a detailed recovery plan for Owner’s review and concurrence within five (5) Business Days of its receipt of the Notice described in the immediately preceding sentence, which such recovery plan shall include at a minimum the methods of expediting the Work, the additional equipment and tools to be provided and the increased manpower, technology, work shifts and supervision anticipated. Owner may suggest additional resources be added to the recovery plan but such suggestions shall in no way be deemed to limit or otherwise reduce the Contractor’s obligations and liabilities hereunder or Owner’s rights hereunder. If Owner directs Contractor to implement a recovery plan, then Contractor shall implement the recovery plan as provided in this Section 16.3.1. Contractor shall not be entitled to an increase in the Target Price in connection with any recovery plan, unless and to the extent that the recovery plan was necessitated by an event for which (a) the Contractor obtains relief through a Change Order and (b) is entitled to an adjustment to the Target Price, as applicable. 16.3.2 Notwithstanding anything contained herein to the contrary, Owner shall have the right to direct that the Work be accelerated by means of reasonable overtime, additional crews or additional shifts, notwithstanding that the progress of the Work was in accordance with the established Project Schedule. Contractor shall promptly provide to Owner for its approval a plan for such acceleration, including its recommendations for the most effective and economical acceleration, together with such information as Owner shall reasonably require to substantiate the basis of the incremental cost. Prior to the Contractor’s commencement of the accelerated Work, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order. In addition to Owner’s acceleration rights, Contractor is entitled to request an acceleration plan to be approved by Owner. Should Owner approve such plan, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order.

RECOVERY AND ACCELERATION OF WORK. 16.3.1 In addition to Contractor’s own recovery plans, if Owner reasonably believes that Contractor will not achieve an Applicable Deadline, then Owner may provide a Notice to Contractor requiring Contractor to propose an additional recovery plan and implement it. Contractor shall be required to present a detailed recovery plan for Owner’s review and concurrence within five (5) Business Days of its receipt of the Notice described in the immediately preceding sentence, which such recovery plan shall include at a minimum the methods of expediting the Work, the additional equipment and tools to be provided and the increased manpower, technology, work shifts and supervision anticipated. Owner may suggest additional resources be added to the recovery plan but such suggestions shall in no way be deemed to limit or otherwise reduce the Contractor’s obligations and liabilities hereunder or Owner’s rights hereunder. If Owner directs Contractor to implement a recovery plan, then Contractor shall implement the recovery plan as provided in this Section 16.3.1. Contractor shall not be entitled to an increase in the Target Price in connection with any recovery plan, unless and to the extent that the recovery plan was necessitated by an event for which (a) the Contractor obtains relief through a Change Order and (b) is entitled to an adjustment to the Target Price, as applicable. 16.3.2 Notwithstanding anything contained herein to the contrary, Owner shall have the right to direct that the Work be accelerated by means of reasonable overtime, additional crews or additional shifts, notwithstanding that the progress of the Work was in accordance with the established Project Schedule. Contractor shall promptly provide to Owner for its approval a plan for such acceleration, including its recommendations for the most effective and economical acceleration, together with such information as Owner shall reasonably require to substantiate the basis of the incremental cost. Prior to the Contractor’s commencement of the accelerated Work, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order. In addition to Owner’s acceleration rights, Contractor is entitled to request an acceleration plan to be approved by Owner. Should Owner approve such plan, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order.

RECOVERY AND ACCELERATION OF WORK. 16.3.1 In addition to Contractor’s own recovery plans, if Owner reasonably believes that Contractor will not achieve an Applicable Deadline, then Owner may provide a Notice to Contractor requiring Contractor to propose an additional recovery plan and implement it. Contractor shall be required to present a detailed recovery plan for Owner’s review and concurrence within five (5) Business Days of its receipt of the Notice described in the immediately preceding sentence, which such recovery plan shall include at a minimum the methods of expediting the Work, the additional equipment and tools to be provided and the increased manpower, technology, work shifts and supervision anticipated. Owner may suggest additional resources be added to the recovery plan but such suggestions shall in no way be deemed to limit or otherwise reduce the Contractor’s obligations and liabilities hereunder or Owner’s rights hereunder. If Owner directs Contractor to implement a recovery plan, then Contractor shall implement the recovery plan as provided in this Section 16.3.1. Contractor shall not be entitled to an increase in the Target Price in connection with any recovery plan, unless and to the extent that the recovery plan was necessitated by an event for which (a) the Contractor obtains relief through a Change Order and (b) is entitled to an adjustment to the Target Price, as applicable. 16.3.2 Notwithstanding anything contained herein to the contrary, Owner shall have the right to direct that the Work be accelerated by means of reasonable overtime, additional crews or additional shifts, notwithstanding that the progress of the Work was in accordance with the established Project Schedule. Contractor shall promptly provide to Owner for its approval a plan for such acceleration, including its recommendations for the most effective and economical acceleration, together with such information as Owner shall reasonably require to substantiate the basis of the incremental cost. Prior to the Contractor’s commencement of the accelerated Work, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order. In addition to Owner’s acceleration rights, Contractor is entitled to request an acceleration plan to be approved by Owner. Should Owner approve such plan, Owner and Contractor shall mutually agree upon the plan for acceleration and the Contractor’s acceleration cost estimate, to be set forth in a Change Order. 17. SUSPENSION OR REJECTION OF THE WORK.