Common use of Supplementation Clause in Contracts

Supplementation. Within thirty (30) days of the occurrence of the event giving rise to the request for an extension to the Guaranteed Completion Date(s), unless Owner agrees in writing to allow an additional period of time to ascertain more accurate data, Design-Builder shall supplement the written notice provided in accordance with Section 10.4 with additional supporting data. Such additional data shall include, at a minimum: (a) the amount of delay claimed, itemized in accordance with the procedure set forth herein; (b) specific facts, circumstances, and analysis that confirms not only that Design-Builder suffered the delay claimed, but that the delay claimed was actually a result of the act, event, or condition complained of, and that the Contract Documents provide entitlement to an equitable adjustment in the Guaranteed Completion Date(s) for such act, event, or condition; and (c) supporting documentation sufficiently detailed to permit an informed analysis of the request by Owner. Design-Builder is further required to submit to Owner, as part of these supplemental materials, an acceleration schedule on a fragment basis to demonstrate how such delay can be eliminated. Failure to provide such additional information and documentation within the time allowed or within the format required shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Design-Builder’s right to an equitable adjustment.

Supplementation. Within thirty (30) days of the occurrence of the event giving rise to the request for an extension to the Guaranteed Completion Date(s), unless Owner agrees in writing to allow an additional period of time to ascertain more accurate data, Design-Builder shall supplement the written notice provided in accordance with Section 10.4 with additional supporting data. Such additional data shall include, at a minimum: (a) the amount of delay claimed, itemized in accordance with the procedure set forth herein; (b) specific facts, circumstances, and analysis that confirms not only that Design-Builder suffered the delay claimed, but that the delay claimed was actually a result of the act, event, or condition complained of, and that the Contract Documents provide entitlement to an equitable adjustment in the Guaranteed Completion Date(s) for such act, event, or condition; and (c) supporting documentation docu mentation sufficiently detailed to permit an informed analysis of the request by Owner. Design-Builder is further required to submit to Owner, as part of these supplemental materials, an acceleration schedule on a fragment basis to demonstrate how such delay can be eliminated. Failure to provide such additional information and documentation within the time allowed or within the format required shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Design-Builder’s right to an equitable adjustment.