Common use of TIME FOR COMPLETION AND LIQUIDATED DAMAGES Clause in Contracts

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 15.1 The date of beginning and the time for completion of the work are essential conditions of the contract documents and the work embraced shall be commenced on a date specified in the notice to proceed. 15.2 The contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the contractor and the owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 15.3 If the contractor shall fail to complete work within the contract time, or extension of time granted by the owner, then the contractor will pay to the owner the amount for liquidated damages as specified in the bid for each calendar day that the contractor shall be in default after the time stipulated in the contract documents. 15.4 The contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the contractor has promptly given written notice of such delay to the owner or engineer: 15.4.1 To any preference, priority or allocation order duly issued by the owner. 15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the contractor, including but not restricted to, acts of God, or of the public enemy, acts of the owner, acts of any other contractor in the performance of a contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 15.1 The date of beginning and the time for completion of the work WORK are essential conditions of the contract documents CONTRACT DOCUMENTS and the work WORK embraced shall be commenced on a date specified in the notice to proceedNOTICE TO PROCEED. 15.2 The contractor CONTRACTOR will proceed with the work WORK at such rate of progress to insure full completion within the contract timeCONTRACT TIME. It is expressly understood and agreed, by and between the contractor CONTRACTOR and the ownerOWNER, that the contract time CONTRACT TIME for the completion of the work WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the workWORK. 15.3 If the contractor CONTRACTOR shall fail to complete work the WORK within the contract timeCONTRACT TIME, or extension of time granted by the ownerOWNER, then the contractor CONTRACTOR will pay to the owner OWNER the amount for liquidated damages as specified in the bid Agreement for each calendar day that the contractor CONTRACTOR shall be in default after the time stipulated in the contract documentsCONTRACT DOCUMENTS. For good cause including delay occasioned by failure of other component contractors to have the site ready for contractor’s work, the contractor may be granted an extension of time. 15.4 The contractor CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the work WORK is due to the following, following and the contractor CONTRACTOR has promptly given written notice WRITTEN NOTICE of such delay to the owner or engineer:OWNER. 15.4.1 To any preference, priority or allocation order duly issued by the ownerOWNER. 15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the contractorCONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the ownerOWNER, acts of any other contractor another CONTRACTOR in the performance of a contract CONTRACT with the ownerOWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, embargoes and abnormal and unforeseeable weather; and 15.4.3 To any delays of subcontractors SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. ‌ 15.1 The date of beginning and the time for completion of the work WORK are essential conditions of the contract documents CONTRACT DOCUMENTS and the work WORK embraced shall be commenced on commence after the signing of this AGREEMENT and receipt of a date specified in Pre-Down payment by the notice to proceedSUPPLIER, accordance with the payment schedule (Schedule 1). 15.2 The contractor SUPPLIER will proceed with the work WORK at such rate of progress as to insure full completion within the contract timeCONTRACT TIME. It is expressly understood and agreed, by and between the contractor SUPPLIER and the ownerOWNER, that the contract time CONTRACT TIME for the completion of the work WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the workWORK. If the WORK is not completed by the times guaranteed by the SUPPLIER, OWNER will suffer loss and damages, and possibly penalties from the purchaser of the electricity to be produced by the Project, including possible guaranteed capacity penalties. Neither party shall be liable to the other for any loss of profit, loss of use, loss of production, loss of contracts or for any other indirect or consequential damage that may be suffered by the other, or any exemplary or punitive damages, except as agreed in paragraph 15.3 of GENERAL CONDITIONS and in paragraph 14 of SUPPLEMENTAL GENERAL CONDITIONS. 15.3 If the contractor SUPPLIER shall fail to complete work the WORK within the contract timeCONTRACT TIME, or extension of time granted by the ownerOWNER, then the contractor SUPPLIER will pay to the owner OWNER the amount for liquidated damages as specified in the bid of $1,500 (USD) for each calendar day day, for the first 30 days of delay, that the contractor SUPPLIER shall be in default after the time times stipulated in the CONTRACT DOCUMENTS for delivery of all drawings or for contracted items to the Project Site. After 30 days, if the delay continues, SUPPLIER shall pay $2,500 (USD) for each calendar day, for the next 30 days. After 60 days, if the delay continues, SUPPLIER shall pay $21,000 (USD) per day of additional delay. The maximum amount of liquidated damages for the combination of late delivery and/or late start-up shall not exceed 20 percent of the total contract documentsprice. The guaranteed time for completion of delivery of all contracted items to the site and the job site and for completion of installation supervision and start-up of the equipment shall be as listed in the Bid Documents which are a part of these CONTRACT DOCUMENTS. Receipt by OWNER of liquidated damages for late delivery and/or late final completion shall constitute the OWNER’s sole remedy in the case of a delay. 15.4 The contractor SUPPLIER shall not be charged with liquidated damages or any excess cost when the delay in completion of the work WORK is due to the following, following and the contractor SUPPLIER has promptly given written notice WRITTEN NOTICE of such delay to the owner or engineerOWNER: 15.4.1 To any preference, priority or allocation order duly issued by the ownerOWNER. 15.4.2 To unforeseeable causes beyond the control and without the any fault or negligence of the contractorSUPPLIER, including but not restricted to, acts of God, or of the public enemy, acts of the ownerOWNER, acts of any other contractor another SUPPLIER in the performance of a contract with the ownerOWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 To any delays of subcontractors SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article. 15.5 SUPPLIER shall be entitled to an extension of time to complete the Work equal to only the time of any delay, disruption, or interference which is due to fire, flood, other acts of God, war, civil insurrection, strikes except for lock outs, or other force majeure events without any fault or negligence of SUPPLIER. SUPPLIER shall notify OWNER in writing of the amount of lost time involved within three (3) days following any such occurrence. SUPPLIER shall not make claims for loss of efficiency or continuity due to such events. Such extension of time shall be the exclusive remedy of SUPPLIER for any such delay and SUPPLIER shall not be entitled to and hereby waives any claim for damages against OWNER on account of such delay. If SUPPLIER fails to notify OWNER in writing of the amount of lost time involved within three (3) days following any such occurrence, SUPPLIER shall be deemed to have waived any claim for an extension of time. 15.6 SUPPLIER shall advise OWNER promptly in writing of any labor dispute or anticipated labor dispute, or delay in material delivery or fabrication, which may reasonably be expected to affect the performance of the Work by SUPPLIER or any of its subcontractors in regard to the completion date of the Work. 15.7 Liquidated damages for failure to achieve guaranteed performance of the equipment supplied under this AGREEMENT shall also be assessed in accordance with Paragraph 14 of the Supplemental General Conditions.

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 15.1 17.1 The date of beginning and the time for completion of the work are essential conditions of the contract documents document and the work embraced shall be commenced on a date specified in the notice Notice to proceedProceed. 15.2 17.2 The contractor Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the contractor Contractor and the ownerOwner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. 15.3 17.3 If the contractor Contractor shall fail to complete the work within the contract time, or extension of time granted by the ownerOwner, then the contractor Contractor will pay to the owner Owner the amount for liquidated damages as specified in the bid for each calendar day that the contractor Contractor shall be in default after the time stipulated in the contract documents. 15.4 17.4 The contractor Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, following and the contractor has promptly given written notice of such delay to the owner Owner or engineerEngineer: 15.4.1 17.4.1 To any preference, priority or allocation order duly issued by the owner.Owner; 15.4.2 17.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the contractorContractor, including but not restricted to, acts of God, or of the public enemy, acts of the ownerOwner, acts of any other contractor another Contractor in the performance of a contract with the ownerOwner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and 15.4.3 17.4.3 To any delays of subcontractors Subcontractor occasioned by any of the causes specified in paragraphs 15.4.1 Paragraphs 17.4.1 and 15.4.2 17.4.2 of this article.