Common use of Time Extensions for Weather Clause in Contracts

Time Extensions for Weather. 1. The Contract Time will not be extended due to inclement weather conditions that are normal to the general locality of the Work site. The time for performance of this Contract is in calendar days and all requests for time extension due to inclement weather shall be made in calendar days. 2. The following is the schedule of monthly anticipated normal inclement weather days for the project location and will constitute the base line for monthly weather time extension evaluations. The anticipated normal inclement weather calendar days have been included in the designated contract time for completion. January 7 February 7 March 7 April 7 May 9 June 7 July 7 August 7 September 6 October 6 November 6 December 7 3. If the Contractor believes that the Progress of the Work has been adversely affected by weather conditions above and beyond the inclement weather days identified above, he shall submit a written request to the County for an Extension of Time, pursuant to Paragraph 108.04(a) Claims for Time Extensions. Such a request shall be evaluated by the County in accordance with the provisions of the Contract Documents. The decision of the County shall be final. 4. The Contractor shall not be entitled to any money damages whatsoever for any delays resulting from inclement weather, whether normal or abnormal, foreseeable or unforeseeable. The Contractor and County stipulate and agree that for delays due to weather as determined in 108.04(b), the Contractor's sole relief is a time extension granted in accordance with 108.04(a), Time Extensions for Weather. The damages incurred by the County due to the Contractor's failure to complete the Work within required Milestone dates and the Contract Time, including any extensions thereof, shall be in the amount set forth in the County-Contractor Agreement, for each consecutive day beyond the Milestone dates or the Contract Time (Sundays and all holidays included) for which the Contractor shall fail to complete the Work. The amount of liquidated damages provided in this Contract is neither a penalty nor a forfeiture and shall compensate the County solely for the County's inability to use the Work for its fully intended purpose, and is not intended to, nor does said amount include: (a) any damages, additional or extended costs, incurred by the County for extended administration of this Contract, or by the County's agents, consultants or independent contractors for extended administration of this Contract, or (b) any additional services, relating to or arising as a result of the delay in the completion of the Work. County shall be entitled to claim against Contractor for its actual damages and any amounts not specifically included within the liquidated damages as set forth herein. Such costs shall be computed separately and together with liquidated damages, either deducted from the Contract Sum or billed to the Contractor, at the option of the County.

Appears in 4 contracts

Samples: Contract, Contract, Contract

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