TIME OF COMPLETION AND LIQUIDATED DAMAGES. If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of The General Conditions of the Design/Bid/Build Agreement Article 46, Time of Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages only to the extent noted.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. It is hereby understood and mutually agreed, by and between the parties hereto, that the date of beginning, rate of progress, and the time for completion of the Work to be done hereunder are ESSENTIAL CONDITIONS of this Agreement, and it is understood and agreed that the Work embraced in this Contract shall be commenced at the time specified in the Notice to Proceed (SC-6.26). It is further agreed that time is of the essence of each and every portion of this Contract, and of any portion of the Work described on the Drawings or Specifications, wherein a definite and certain length of time is fixed for the performance of any act whatsoever. The parties further agree that where under the Contract additional time is allowed for the completion of the Work or any identified portion of the Work, the new time limit or limits fixed by such extension of the time for completion shall be of the essence of this Agreement. The Contractor acknowledges that subject to any limitations in the Advertisement for Bids, issued for the Project, the Contractor’s bid is consistent with and considers the number of days to substantially complete the Project and the number of days to finally complete the Project to which the parties may have stipulated in the Agreement, which stipulation was based on the Contractor’s bid. The Contractor agrees that Work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will ensure the Project will be substantially complete, and fully and finally complete, as recognized by the issuance of all required Notices of Substantial Completion and Notices of Final Acceptance, within any times stipulated and specified in the Agreement, as the same may be amended by Change Order or other written modification, and that the Principal Representative will be damaged if the times of completion are delayed. It is expressly understood and agreed, by and between the parties hereto, that the times for the Substantial Completion of the Work or for the final acceptance of the Work as may be stipulated in the Agreement, and as applied here and in Article 7.4 of the Contractor’s Design/Bid/Build Agreement SC-6.21), Modifications of Article 46, are reasonable times for these stages of completion of the Work, taking into such consideration all factors, including the average climatic range and usual industrial conditions prevailing in the locality of the building operations. If the Contractor shall neglect, fail or refuse to complete the ...
TIME OF COMPLETION AND LIQUIDATED DAMAGES. If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of The General Conditions of the Design/Bid/Build Agreement Article 46, Time of Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages only to the extent noted. SC-6.21 Rev. 7/2020 Page 2 of 5
TIME OF COMPLETION AND LIQUIDATED DAMAGES. If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of Article 46, Time of Completion and Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the party’s right to damages only to the extent noted. For the inability to use the Project, for each day after the number of calendar days specified in the Design/Build Entity’s proposal for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Design/Build Entity agrees that an amount equal to Dollars ($ ); shall be assessed against Design/Build Entity from amounts due and payable to the Design/Build Entity under the Agreement, or the Design/Build Entity and the Design/Build Entity’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment. For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Design/Build Entity’s proposal for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance) after the issuance of the final Notice of Substantial Completion, the Design/Build Entity agrees that an amount equal to Dollars ($ ); shall be assessed against Design/Build Entity from amounts due and payable to the Design/Build Entity under the Agreement, or the Design/Build Entity and the Design/Build Entity’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. The City anticipates issuing notice to proceed in two separate rounds. The first Notice to Proceed to include 14 and 25 Foxboro Road is anticipated within 10 days of the Notice of Award on July 16, 2024. All work associated with 14 and 00 Xxxxxxx Xxxx shall be completed by September 18, 2024. It is anticipated that the second Notice to Proceed to include 12, 13, 15, and 26 Foxboro Road will be issued in Fall 2024 with completion required sixty calendar days from issuance of the second Notice to Proceed. Note that this project is a voluntary flood buyout project that may include as many as six (6) or as few as two (2) properties depending on the degree of participation of the property owners. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor's default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of five hundred dollars ($500.00) for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or any approved extension, shall in no way operate as a waiver of the City of any of rights under this Agreement.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. The work shall be commenced within ten (10) calendar days from the date of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of one hundred ninety (190) calendar days from date of the Notice to Proceed has been set for completion of all of the work. The Bidder agrees to pay, as Liquidated Damages, Eight Hundred Dollars ($800.00) for each consecutive calendar day delay in finishing the work in excess of the number of calendar days as prescribed above. The Bidder’s attention is directed to the General and Special Conditions as to provisions for extension of time of completion and/or assessment of Liquidated Damages.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. 7.4.1 It is understood and mutually agreed by and between the Construction Manager and Owner that the date of beginning and the time for completion of the Work are essential conditions of this Agreement. The Construction Manager agrees that the Work will be prosecuted regularly and diligently at such rate of progress as will insure full completion thereof within the time frame set forth in Amendment No. 1.
7.4.2 Construction Manager agrees that the Contract Time, i.e. the period for Substantial Completion of the Work shall be determined and agreed upon simultaneously with the agreement as to the GMP as provided in Part 2.2. The Contract Time includes the number of days that Work is anticipated to be delayed due to inclement weather and/or unworkable conditions.
7.4.3 For the purposes of this Agreement, a calendar day constitutes twenty-four (24) hours of time and is any one of seven days of a week, including Saturday, Sunday, and Holidays,
7.4.4 The Contract Time may be extended as provided in Attachment 1.
7.4.5 The basis for completion under this part 7.4 will be Substantial Completion as defined in Attachment 1.
7.4.6 If, after execution of the Certificate of Substantial Completion, the Construction Manager fails to fully complete items found incomplete or deficient during a final inspection within thirty
TIME OF COMPLETION AND LIQUIDATED DAMAGES. A. The Contractor shall achieve Substantial Completion of all of the Work on or before February 6, 2026.
B. If Contractor has not completed the Work on or before the required date of Substantial Completion, as identified in Article VIII, Section A (above), Liquidated Damages may be assessed for each and every calendar day the Contractor’s Work has not achieved Substantial Completion at the rate of five thousand and 00/100 dollars ($5,000) per day. In the event that Substantial Completion is not achieved on or before February 6, 2026, Liquidated Damages may be assessed for each and every calendar day the Contractor’s Work has not achieved Substantial Completion at the rate of ten thousand and 00/100 dollars ($10,000) per day.
C. The Contractor hereby acknowledges that time is of the essence with respect to performance of the Work hereunder, including meeting all of the Milestone Dates identified in Exhibit F. This Contract for Design-Build Work may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. Attention is directed to all of the provisions of Section 8, “Prosecution and Progress,” of the Standard Specifications and these Special Provisions. The Contractor shall begin work within fifteen (15) calendar days after receiving notice that the contract has been executed and approved by the County. This work shall be diligently prosecuted to completion before the expiration of three hundred and sixty (360) WORKING DAYS beginning on the fifteenth calendar day after approval of the contract. The total number of days is for the both the construction season (approximately 180 days per each Stage of construction) Attention is directed to the provisions of Section 8-1.10, “Liquidated Damages,” of the Standard Specifications and these Special Provisions. The Contractor shall pay to Napa County the sum of $2,000.00 per day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above and any extension of time granted.
TIME OF COMPLETION AND LIQUIDATED DAMAGES. Attention is directed to the provisions in Section 8-1.03, “Beginning of Work,” in Section 8-1.06, “Time of Completion,” and in Section 8-1.07, “Liquidated Damages,” of the Standard Specifications and these special provisions. The Contractor shall begin work within 10 working days after receiving a Notice to Proceed. This Notice to Proceed will be given after the contract has been approved by the Imperial County Board of Supervisors. The work shall be diligently prosecuted to completion before the expiration of: The contractor shall pay to the County of Imperial the sum of $ 4,200.00 per day for each and every working day’s delay in finishing the work in excess of number of working days prescribed above.
