Common use of Temporary Suspension of Work Clause in Contracts

Temporary Suspension of Work. A. The Owner shall have the authority to suspend the work wholly or in part for such period or periods as may be deemed necessary, because of unsuitable weather, for failure of surety, or other conditions, or for failure on the part of the Construction Manager to carry out the instructions of the Owner as provided in the contract documents. B. If it should become necessary to suspend work for an indefinite period, the Construction Manager shall store all materials in such a manner that they will not become an obstruction, nor damaged in any way, and it shall take every precaution to prevent damage or deterioration of the work performed. The Construction Manager shall construct temporary structures where necessary to provide for traffic on, to, or from the project site. C. The Construction Manager shall not suspend work without written order from the Owner’s Representative. D. In the event that the Construction Manager is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided in the Contract Documents and over which the Construction Manager, his subcontractors, suppliers or materialmen have no control, the period of shutdown, if it causes delay in the completion time, may be considered Compensable Excusable Delay as provided elsewhere in the Contract Documents. The period of shutdown shall be computed from the effective date of the Owner’s written order to the effective date of the Owner’s written order to resume the work. E. No provision of this Article shall be construed as entitling the Construction Manager to compensation for delays due to the following: inclement weather, suspensions made at the request of the Construction Manager, failure of surety, suspensions ordered as a result of the Construction Manager’s nonconformance with the Contract Documents, as a result of the Construction Manager’s failure to carry out the instructions of the Owner’s Representative, or other delays not specifically deemed to be Compensable Excusable Delay as provided for in the Contract Documents.

Appears in 7 contracts

Samples: Construction Management Agreement, Construction Management Services Agreement, Construction Management Services Agreement

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Temporary Suspension of Work. A. The Owner shall have the authority to suspend the work wholly or in part for such period or periods as may be deemed necessary, because of unsuitable weather, for failure of surety, or other conditions, or for failure on the part of the Construction Manager to carry out the instructions of the Owner as provided in the contract documents. B. If it should become necessary to suspend work for an indefinite period, the Construction Manager shall store all materials in such a manner that they will not become an obstruction, nor damaged in any way, and it shall take every precaution to prevent damage or deterioration of the work performed. The Construction Manager shall construct temporary structures where necessary to provide for traffic on, to, or from the project Project site. C. The Construction Manager shall not suspend work without written order from the Owner’s Representative. D. In the event that the Construction Manager is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided in the Contract Documents and over which the Construction Manager, his subcontractorsSubcontractors, suppliers or materialmen have no control, the period of shutdown, if it causes delay in the completion time, may be considered Compensable Excusable Delay as provided elsewhere in the Contract Documents. The period of shutdown shall be computed from the effective date of the Owner’s written order to the effective date of the Owner’s written order to resume the work. E. No provision of this Article shall be construed as entitling the Construction Manager to compensation for delays due to the following: inclement weather, suspensions made at the request of the Construction Manager, failure of surety, suspensions ordered as a result of the Construction Manager’s nonconformance with the Contract Documents, as a result of the Construction Manager’s failure to carry out the instructions of the Owner’s Representative, or other delays not specifically deemed to be Compensable Excusable Delay as provided for in the Contract Documents.

Appears in 2 contracts

Samples: Construction Management Agreement, Construction Management Agreement

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