Weather Delay Days. Weather Delay Days are those days where the project site receives more than ½” of precipitation or extreme weather conditions and the event causes a delay in the critical path of the work.
Weather Delay Days. Weather Delay Days are those days when the critical path of the Work is delayed by Weather or the lingering effects of weather. Anticipated Weather Delay Days. Anticipated Weather Delay Days are the Weather Delay Days specified in Section 11 of the Contract that CM/GC shall expect to occur and shall provide for in the Overall Project Schedule. If no Anticipated Weather Delay Days are listed in the Contract, the Anticipated Weather Delay Days are those days when the region has historically received more than ½” of precipitation in a month according to the 30 year NOAA Mean.
Weather Delay Days. Contractor’s relief for any Weather Delay Day shall be limited to a one-day extension for each Full Weather Delay Day (or accumulation of Half Weather Delay Days that equate to a full Weather Delay Day) that actually delays the Guaranteed Project Substantial Completion Date and an adjustment in the Agreement Price through a Scope Change Order in an amount equal to the actual out-of-pocket expenses (calculated on a time and materials basis pursuant to the Contractor’s Time and Materials Rates set forth in Exhibit 9.11) incurred by Contractor from a Weather Delay Day; provided, that in no case shall Contractor be entitled to reimbursement of costs in excess of Twenty-Seven Thousand and 00/100 Dollars ($27,000) per Day for a Weather Delay Day (unless more than two (2) main erection cranes and crews are located at the Site and idled during topping operations on such Weather Delay Day, in which case Contractor shall be entitled to reimbursement of such costs of up to Thirty-Seven Thousand and 00/100 Dollars ($37,000) per Day); provided further, that Contractor shall not be entitled to any relief for a Weather Delay Day unless the wind speeds and other unusually severe weather conditions required for qualification of a Weather Delay Day are substantiated by Contractor on the scheduled work day next following the claimed Weather Delay Day. Except as provided in the preceding sentence, Contractor’s relief shall not include any increase in the Agreement Price or other additional compensation; and Contractor acknowledges that it has assumed the economic risk for delays caused by twenty (20) Weather Delay Days and has included an amount in the Agreement Price to cover for this risk. As noted above, Contractor has also incorporated into the Project Schedule the time necessary to experience of up twenty (20) Weather Delay Days for the various phases of the WTG installation, in aggregate, before the Project Schedule would be adversely impacted.
