Examples of Contractor Delay in a sentence
Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays.
In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.
Accordingly, in lieu of actual damages for delay in Substantial Completion that is not caused solely by the Owner (hereinafter “Contractor Delay”), the Contractor agrees that liquidated damages will be assessed and recovered by the Owner against Contractor in the event of Contractor Delay and without the Owner being required to present any evidence of the amount or character of actual damages sustained by reason thereof.
Therefore, in lieu of actual damages, Contractor shall pay Owner liquidated damages in the aforesaid amount per day for each calendar day of Contractor Delay.
Contractor Delay means any delay in achieving Substantial Performance of the Work or Total Completion by the prescribed dates set out in paragraph 1.3 of Article A-1 of the Agreement – THE WORK other than as expressly permitted under GC 6.5 – DELAYS.
If and when Contractor overcomes Contractor Delay for which Owner has withheld payment and Owner reasonably believes that there has been or will be no other event of Contractor Delay for which Owner would be entitled to withhold from amounts otherwise due Contractor, Owner shall promptly release to Contractor those funds withheld, in anticipation of liquidated damages.
Accordingly, Contractor is only entitled to an extension of time to the extent that an Excusable Delay exceeds a Contractor Delay when they are concurrent.
Tyler, Note, No (Easy) Way Out: “Liquidating” Stipulated Damages for Contractor Delay in Public Construction Contracts, 44 Duke L.J. 357 (1994).
The Contractor makes written request and provides other information to the Procuring Agency as described in "Notification of Contractor Delay" (Section 2.3.3.2 below).