Common use of Subcontract Time Clause in Contracts

Subcontract Time. Subcontractor shall commence and complete the Work in accordance with the most current schedule prepared by Contractor, as may be revised from time to time during the course of the Project (the “Project Schedule”). Subcontractor shall commence and complete all activities in compliance with the time periods expressly provided for such activities in the Project Schedule. The periods of time provided in the Project Schedule for commencement and final completion of all activities that comprise the Work shall constitute the “Subcontract Time.” Except as otherwise expressly noted, as used herein and in the Project Schedule, the term “day” shall refer to a calendar day. The date on which all the work performed by Contractor and its subcontractors is completed and accepted by the Owner shall be referred to hereinafter as the “Completion Date.” Subcontractor’s commencement, prosecution, and completion of the Work in the Subcontract Time and in compliance with the Project Schedule is of the essence of this Subcontract. Subcontractor acknowledges that the precise time periods scheduled for its performance are estimates only. Subcontractor shall cooperate with Contractor in scheduling and performing its work to avoid conflict or interference with the work of Contractor or other trades. Contractor reserves the right, in its sole discretion, to extend or to delay the scheduling of Subcontractor's work if such extension or delay becomes necessary in the opinion of Contractor. Each Subcontractor shall review the schedule of all items of work other than his own, to anticipate completion of specific items of its Work as it affects other trades, to be certain that work following Subcontractor’s Work is not delayed. In the event of any conflicts in the Project Schedule between the work of Subcontractor and Contractor or another trade, Contractor shall determine, in its sole discretion, which work shall have precedence and how the parties will coordinate their respective work. All other work not specifically scheduled shall be coordinated as necessary to avoid delaying Work as scheduled. Subcontractor shall not be entitled to an adjustment in the Subcontract Price or the Subcontract Time based on the coordination of such activities with Contractor or any determination by Contractor concerning coordination of the work. If Contractor determines, in its sole discretion, that Subcontractor has failed to diligently prosecute the Work in accordance with the Project Schedule, or that Subcontractor will not complete the Work within the Subcontract Time, Contractor may, in its sole discretion, (1) require Subcontractor to work overtime and/or use such additional labor and equipment as necessary to accelerate the Work and bring Subcontractor’s performance into compliance with the Project Schedule, (2) supplement Subcontractor’s work by furnishing additional labor and equipment to the Project as necessary to accelerate the Work and bring Subcontractor’s performance into compliance with the Project Schedule, (3) require Subcontractor to provide reasonable assurances of timely performance in accordance with the Project Schedule, (4) terminate this Subcontract pursuant to Article X, and/ or (5) exercise all other rights and remedies available under this Subcontract. Subcontractor shall not be entitled to an adjustment in the Subcontract Price or the Subcontract Time as a result of any such action by Contractor.