Common use of TIME AND DELAYS Clause in Contracts

TIME AND DELAYS. 6.01 All time in the Contract Documents is calculated on a consecutive calendar day basis. 6.02 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and Contractor, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 6.03 Contractor agrees to commence the Work when directed by Owner and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner shall not be delayed by any act or omission of Contractor in completion of the Project within the time specified above. 6.04 Contractor shall make payments promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of its work. 6.05 The Contractor shall not be entitled to any claim for damages or an extension of Time on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the Contractor to receive an extension of time as its sole and exclusive remedy. 6.05.01 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Broward County. 6.05.02 An extension of time to complete the Work shall be determined by the Owner provided that the Contractor provides the Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 6.05.03 In the event the request for extension is not made in writing within that twenty (20) day time period, Contractor acknowledges and agrees it has forever waived any and all rights to such an extension. 6.05.04 All extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 6.05.05 This "no damage for delay" clause will encompass any damages for delay or disruption even if the Contractor completes construction of the Work in a timely fashion in accordance with this Contract. 6.05.06 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 6.05.07 By way of specific example but not limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased and/or extended home office overhead, increased general conditions, costs of mobilization and demobilization, decrease in value, and/or any other damage or loss. 6.05.08 The Contractor recognizes and specifically acknowledges the terms and conditions of the "no damage for delay" clause upon execution of this Contract.

TIME AND DELAYS. 6.01 All time in the Contract Documents is calculated on a consecutive calendar day basis. 6.02 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and ContractorMUSCO, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his its work. 6.03 Contractor MUSCO agrees to commence the Work when directed by Owner SBBC and to diligently and continuously perform such Work and to coordinate the Work with other Work being performed on the Project by other trades so that the Owner SBBC shall not be delayed by any act or omission of Contractor MUSCO in completion of the Project within the time specified above. 6.04 Contractor MUSCO shall make payments payments, if any, promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of its work. 6.05 The Contractor MUSCO shall not be entitled to any claim for damages or an extension of Time time on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the OwnerSBBC, such act, hindrance, or delay may only entitle the Contractor MUSCO to receive an extension of time as its sole and exclusive remedy. 6.05.01 Adverse weather such as rain is not to be considered to be an Act act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner SBBC at its sole discretion) for that time of year in Broward County. 6.05.02 An extension of time to complete the Work shall be determined by the Owner SBBC provided that the Contractor MUSCO provides the Owner SBBC with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence. 6.05.03 In the event the request for extension is not made in writing within that twenty (20) day time period, Contractor MUSCO acknowledges and agrees it has forever waived any and all rights to such an extension. 6.05.04 All extensions of time shall be authorized only by a written change order executed by the Owner SBBC and Project Consultant. 6.05.05 This "no damage for delay" clause will encompass any damages for delay or disruption even if the Contractor MUSCO completes construction of the Work in a timely fashion in accordance with this Contract. 6.05.06 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 6.05.07 By way of specific example example, but not limitation, damages as referenced within this clause includes include loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss, increased and/or extended home office overhead, increased general conditions, costs of mobilization and demobilization, decrease in value, and/or any other damage or loss. 6.05.08 The Contractor MUSCO recognizes and specifically acknowledges the terms and conditions of the "no damage for delay" clause upon execution of this Contract.