Claims for Delay. (General Laws, Chapter 30, Section 390 as added by Chapter 116 of the Acts of 1973) Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a suspension, delay, interruption or failure to act of the awarding authority increases the cost of performance to any subcontractor, that subcontractor shall have the same rights against the general contractor for payment for an increase in the cost of his performance as provisions (a) and (b) give the general contractor against the awarding authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the general contractor or the subcontractor may have against each other.
Claims for Delay. Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer , the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling work item entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 5-12,
Claims for Delay. Should AASDI‘s performance, in whole or in part, be delayed, disrupted, accelerated or suspended in the commencement, prosecution or completion of the Services (“Delay”), as a result of the action or inaction of ASD or inaction of any person or entity other than Client, AASDI’s sole remedy against ASD for shall be a reasonable extension of the time for performance in which to complete the SOW and such remedy will be available only to the extent the Delay was not attributable to AASDI’s fault or negligence. For Claims related to a Delay caused by Client’s action or inaction, and solely only to the extent the Delay was not attributable to AASDI’s fault or negligence, AASDI’s sole remedies against ASD shall be: (a) a reasonable extension of the time for performance in which to complete the Services, provided, however that such extension will be available only to the extent that a similar extension of time has been granted to ASD by Client; and (b) to the extent that Client pays amounts to ASD as compensation for the Delay, AASDI shall receive reasonable compensation for such Delay, not to exceed the amount actually received from Client. AASDI shall only be entitled to the remedies specified in this Section 12.2 if AASDI provides ASD written notification of the Delay and cause of Delay within seventy-two (72) hours of the event causing the Delay.
Claims for Delay. (a) If Supplier wishes to request an extension in the delivery date for Products provided in a Purchase Order, written request shall be given to Qwest at the time the delay begins, or within (***) thereafter if the resulting delay was not reasonably foreseeable. The request shall state the circumstances of the occurrence, the justification for the delay and extension of time, and the estimated duration of the delay and extension requested. Supplier shall also be obligated to do all in its power to mitigate the adverse impact of such delay at no additional cost to Qwest.
Claims for Delay. (Not included) 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information:
Claims for Delay. (General Laws, Chapter 30, Section 390 as added by Chapter 116 of the Acts of 1973)
Claims for Delay. Any claim by Construction Manager for an increase in the GMP Change Order under Article
Claims for Delay. Subcontractor shall not be entitled to make a claim and shall not make a claim for damages for delay in the performance of its Work occasioned by any act or failure to act of NRC or on account of any adjustment in Subcontractor’s schedule or the Project Schedule more generally. Subcontractor’s sole remedy for any delay shall be a claim for an extension of time to its period of contract performance, and only to the extent that NRC receives such an extension from Owner. If Subcontractor is delayed in the performance of its Work by extraordinary weather conditions or any labor strikes, riots, war, acts of god, or government authorities for reasons other than any act or omission of Subcontractor, Subcontractor may claim an extension of time to complete performance of its Work as provided for herein to the extent that NRC receives such an extension from Owner. Any such request for an extension of time shall be made in accordance with the following paragraph. If Subcontractor believes that any order, directive, condition or circumstance, other than as provided for in this Agreement relating to claims for delay, entitles Subcontractor to an extension of time, Subcontractor shall give to NRC written notice of claim not later than three (3) business days after the occurrence or discovery of the event, condition or circumstance giving rise to the claim and shall, as soon as practicable, furnish sufficient facts in support of Subcontractor’s position as may be necessary for a decision. Any claim by Subcontractor for extra time not so made shall be waived and Subcontractor shall not be entitled to any extension of time as a result thereof. Subcontractor shall be liable to NRC for all liquidated damages or other payments which NRC is obligated to pay Owner on account of delay caused by Subcontractor (“Late Payments”). Subcontractor shall also be liable to NRC for all other costs, expenses or damages (including attorneys’ fees, penalties, and liquidated damages, including the costs for time expended by in-house counsel and other experts) incurred by NRC as a result of a delay by Subcontractor in the performance of its Work herein.
Claims for Delay. The environmental consultant may be left in an anomalous situation in the event that the remedial or abatement contractor's agreement with the owner contains a "no damage for delay" clause. It may well be that the contractor, who is barred from suit against the owner, may wish to xxx the consultant for damages for delay. To guard against this inequity, the owner should be willing to provide the consultant with indemnity coverage against any third-party claims for delay. Recent case law, which establishes this contractor right of action against design professionals, highlights the importance of this protection. As between the consultant and the owner, if the fee arrangement is on a lump-sum basis, it is important that the consultant be given the right to additional compensation if the owner delays or makes the consultant’s performance more difficult or expensive. The "no damage for delay" clause is not appropriately placed in the owner-consultant agreement.
