Common use of Suspensions of Work Ordered by the Engineer Clause in Contracts

Suspensions of Work Ordered by the Engineer. 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 7 contracts

Samples: Contract, Construction Contract, Public Works Agreement

AutoNDA by SimpleDocs

Suspensions of Work Ordered by the Engineer. 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 3 contracts

Samples: Public Works Agreement, Public Works Agreement, Public Works Agreement

Suspensions of Work Ordered by the Engineer. 1. 4.2.a If the performance of all or any portion of the work is suspended or of delayed by the engineer Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor Contractor shall submit to the engineer Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. 4.2.b Upon receipt, the engineer Engineer will evaluate the contractorContractor's request. If the engineer Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractorContractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor Contractor will be notified of the engineerEngineer's determination whether or not an adjustment of the contract is warranted. 3. 4.2.c No contract adjustment will be allowed unless the contractor Contractor has submitted the request for adjustment within the time prescribed. 4. 4.2.d No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

Suspensions of Work Ordered by the Engineer. 1. 4.2.a If the performance of all or any portion of the work is suspended or of delayed by the engineer Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor CONTRACTOR shall submit to the engineer Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. 4.2.b Upon receipt, the engineer Engineer will evaluate the contractorCONTRACTOR 's request. If the engineer Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, CONTRACTOR its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor Contractor will be notified of the engineerEngineer's determination whether or not an adjustment of the contract is warranted. 3. 4.2.c No contract adjustment will be allowed unless the contractor Contractor has submitted the request for adjustment within the time prescribed. 4. 4.2.d No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 1 contract

Samples: Construction Contract

AutoNDA by SimpleDocs

Suspensions of Work Ordered by the Engineer. 1. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional addi- tional compensation and/or contract time is due as a result of such suspension suspen- sion or delay, the contractor shall submit sub- mit to the engineer in writing a request re- quest for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustmentadjust- ment. 2. (ii) Upon receipt, the engineer will evaluate the contractor's ’s request. If the engineer agrees that the cost and/or and/ or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractorcon- tractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment ad- justment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's ’s determination whether or not an adjustment of the contract is warranted. 3. (iii) No contract adjustment will be allowed unless the contractor has submitted sub- mitted the request for adjustment within the time prescribed. 4. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended sus- pended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 1 contract

Samples: Subcontract Agreement

Suspensions of Work Ordered by the Engineer. 1. 4.2.a If the performance of all or any portion of the work is suspended or of delayed by the engineer Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor CONTRACTOR r believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor CONTRACTOR shall submit to the engineer Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. 4.2.b Upon receipt, the engineer Engineer will evaluate the contractorCONTRACTOR 's request. If the engineer Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractorCONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor Contractor will be notified of the engineerEngineer's determination whether or not an adjustment of the contract is warranted. 3. 4.2.c No contract adjustment will be allowed unless the contractor CONTRACTOR has submitted the request for adjustment within the time prescribed. 4. 4.2.d No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Appears in 1 contract

Samples: Construction Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!