Common use of TIME AND EXTENSION FOR DELAY Clause in Contracts

TIME AND EXTENSION FOR DELAY. In case, the work cannot be started due to reasons beyond the control of either parties within 3 months, either party may close the contract by giving notice to the other party stating reasons. In such eventuality, the Performance Guarantee of the contractor shall be refunded without interest. Neither party shall claim any compensation for such eventuality. This clause is not applicable for any breach of the contract by either party. Engineer-in –Charge shall have powers to impose compensation for delay for completing the work not in accordance with the time allowed in the contract after giving a notice in writing to the contractor and to take possession of the work and the site. The contractor is liable to pay the compensation even if the action not taken under Clause 3. In the case of tools, plant, materials or stores kept in the premises of work site, the Engineer-in- Charge may direct the Contractor to remove them from the site and in the event of the contractor failing to comply with the directions of Engineer-in- Charge, he may remove and/or dispose them at the contractor‟s risk and expense and such action shall be conclusive against the contractor. The time allowed for execution of the Works as specified in the Contract or the extended time in accordance with these conditions shall be the essence of the Contract. The execution of the works shall commence from such time period as mentioned in contract or from the date of handing over of the site notified by the Engineer-in-Charge, whichever is later. However, the handing over of site by the Engineer in Charge, in full or in part (if so provided in contract), shall be completed within two months from issue of acceptance letter. If the Contractor commits default in commencing the execution of the work as aforesaid, the Performance Guarantee shall be forfeited by the Engineer-in-Charge and shall be absolutely at the disposal of CSL without prejudice to any other right or remedy available in law.

TIME AND EXTENSION FOR DELAY. In case, non-exercise thereof shall not constitute a waiver of any of the work cannot conditions hereof and such powers shall notwithstanding be started due to reasons beyond exercisable in the control event of either parties within 3 months, either party may close any future case of default by the contract by giving notice to contractor and the other party stating reasons. In such eventuality, the Performance Guarantee liability of the contractor for compensation shall be refunded without interestremain unaffected. Neither party shall claim any compensation for such eventuality. This clause is not applicable for any breach In the event of the contract by either party. Engineer-in-Charge putting in –Charge shall have force all or any of the powers to impose compensation for delay for completing vested in him under the work not in accordance with the time allowed in the contract preceding clause he may, if he so desires after giving a notice in writing to the contractor and to contractor, take possession of (or at the work sole discretion of the Engineer-in-Charge which shall be final and binding on the site. The contractor is liable to pay contractor) use as on hire (the compensation even if amount of the action not taken under Clause 3. In hire money being also in the case final determination of the Engineer-in-Charge) all or any tools, plant, materials and stores, in or stores kept upon the works, or the site thereof belonging to the contractor, or procured by the contractor and intended to be used for the execution of the work/or any part thereof, paying or allowing for the same in account at the contract rates, or, in the premises case of work sitethese not being applicable, at current market rates to be certified by the Engineer-in- Charge may direct in-Charge, whose certificate thereof shall be final, and binding on the Contractor contractor, clerk of the works, xxxxxxx or other authorized agent to remove them such tools, plant, materials, or stores from the site and premises (within a time to be specified in such notice) in the event of the contractor failing to comply with any such requisition, the directions of Engineer-in- Charge, he in-Charge may remove and/or dispose them at the contractor‟s contractor’s expense or sell them by auction or private sale on account of the contractor and his risk in all respects and expense the certificate of the Engineer-in-Charge as to the expenses of any such removal and the amount of the proceeds and expenses of any such action sale shall be final and conclusive against the contractor. The time allowed for execution of the Works as specified in the Contract Schedule ‘F’ or the extended time in accordance with these conditions shall be the essence of the Contract. The execution of the works work shall commence from such time period as mentioned in contract schedule ‘F’ or from the date of handing over of the site notified by site, notifiedby the Engineer-in-Charge, whichever is later. However, the handing over of site by the Engineer in Charge, in full or in part (if so provided in contract), shall be completed within two months from issue of acceptance letter. If the Contractor commits default in commencing the execution of the work as aforesaid, the Performance Guarantee performance guarantee shall be forfeited by the Engineer-in-Engineer in Charge and shall be absolutely at the disposal of CSL the Corporation without prejudice to any other right or remedy available in law.