Compensable Delays. 11.4.1 The Contractor agrees to make claim only for additional costs attributable to delay in the performance of this Contract necessarily extending the time for completion of the Work or resulting from acceleration directed by the Commissioner and required to maintain the Project schedule, occasioned solely by any act or omission to act of the City listed below. The Contractor also agrees that delay from any other cause shall be compensated, if at all, solely by an extension of time to complete the performance of the Work.
Compensable Delays. If Contractor is entitled to an increase in the Contract Sum as a result of the rate to be paid to Contractor for compensable delays caused by Hastings, the Contract Sum will be increased by an amount equal to the number of days for which such compensation is payable.
Compensable Delays. The Contractor shall be entitled to an extension of Contract Time and an adjustment in Agreement Price in accordance with the Determining of Costs of Changes Article due to unreasonable delays that are not due to the fault or neglect of the Contractor and which could not have been reasonably anticipated, including delays:
Compensable Delays. If the date for Substantial Completion of a Work Order Package is delayed by events which are the responsibility of or within the control of the City, are unforeseeable to Design-Builder and would constitute an unreasonable charge against Design-Builder under the circumstances involved, the Design-Builder shall be entitled to an equitable adjustment of the Work Order Package Deadline and/or the Work Order Package Price, subject to the requirements of Article 8 of the General Conditions, including the notice and procedural requirements therein.
Compensable Delays. The Contractor shall be entitled to an extension of Contract Time and an adjustment in Agreement Price in accordance with the Determining of Costs of Changes Article due to unreasonable delays that are not due to the fault or neglect of the Contractor and which could not have been reasonably anticipated, including delays: (1) caused by BSA or by BSA’s separate contractors or workers, (2) resulting from BSA’s failure to provide access to lands or rights-of-way on which the Work is to be performed, or (3) due to suspension of the work ordered by BSA. In making such a Claim, the contractor must demonstrate that the delay was the sole and unavoidable cause for increasing the length of time required to complete the Work. For purposes of settlement of Claims under this paragraph, no mark-up for profit will be allowed.
Compensable Delays. If Completion of the Work is delayed and such delay is caused by the acts or omissions of the Owner or separate contractor employed by the Owner, changes ordered in the Work by the Owner, errors or omissions in the Owner Criteria that Design-Builder should not have discovered in the exercise of the Standard of Care, or as otherwise provided in the Design Build Documents (collectively, “Compensable Delays”), upon Design-Builder’s request and notice, in strict conformity with Articles 6 and 8.2, the Contract Time may be adjusted by Change Order for such reasonable period of time as justified by the delay in accordance with the Contract. In accordance with Public Contract Code §7102, if the Design-Builder’s progress is delayed by any of the events described in the preceding sentence, Design-Builder shall not be precluded from the recovery of damages directly and proximately resulting therefrom, provided that the Owner is liable for the delay, the delay is unreasonable under the circumstances involved and the delay was not within the reasonable contemplation of the Owner and the Design-Builder at the time of execution of the Contract and the Design-Builder timely submits and supports its claim for compensable delay in strict conformity with the terms of the Contract. In such event, Design- Builder’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of design professional fees and costs incurred during construction administration directly resulting from such delay, and labor, materials or construction equipment directly resulting from such delay, additional general conditions costs directly resulting from such delay, and shall exclude special, indirect or consequential damages. In no event shall Design-Builder seek costs or damages for delays, interruptions, hindrances or disruptions to the Work for on-site or off-site costs or damages based upon formulas, e.g. Eichleay or other formula.
Compensable Delays. The Contractor shall be entitled to compensation from the District on account of a delay in the performance of the Work (each a “Compensable Delay”) only if: (i) the District caused or otherwise was responsible for the delay; (ii) the delay was unreasonable under the circumstances involved; and (iii) the delay was not within the contemplation of the District and Contractor. A delay shall not be considered to be a Compensable Delay to the extent the delay was caused, contributed to, or continued by the Contractor or any Subcontractor or other party or entity under the control or direction of, or otherwise performing any work or services on behalf of, the Contractor. A delay shall be considered a Compensable Delay only if and to the extent the delay adversely impacts a portion of the Work that is a critical-path item, and the District shall not be required to pay any compensation whatsoever to the Contractor (including, without limitation, any extended overhead, general conditions costs, impact costs, and/or out-of-sequence costs) in the absence of any such adverse impact on the critical-path of the Work. Subject to the Contractor’s compliance with applicable requirements of this Part 11, and based on sufficient proof provided by the Contractor or otherwise obtained by or provided to the District, additional compensation to the Contractor for a Compensable Delay shall be set forth in and authorized by a Change Order or Construction Change Directive.
Compensable Delays. If Substantial Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the District’s Consultant, or separate contractor employed by the District (collectively "Compensable Delays"), upon Contractor's request and notice, in strict conformity with Articles 7 and 9 of these General Conditions, the Contract Time will be adjusted by Change Order for such reasonable period of time as determined by the District’s Consultant and the District. In accordance with California Public Contract Code 7102, if the Contractor's progress is delayed by any of the events described in the preceding sentence, Contractor shall not be precluded from the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay In such event, Contractor's damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect or other consequential damages. Except as expressly provided for herein, Contractor shall not have any other claim, demand or right to adjustment of the Contract Price arising out of delay, interruption, hindrance or disruption to the progress of the Work. Adjustments to the Contract Price and the Contract Time, if any, on account of Changes to the Work or Suspension of the Work shall be governed by the applicable provisions of the Contract Documents, including without limitation, Articles 9 and 14 of these General Conditions.
Compensable Delays. Any delay or failure of Provider in performing its required obligations hereunder shall be excused if and to the extent such delay or failure is caused by the acts or omissions of Owner or Owner’s other contractors, vendors or consultants, and which delay or failure is not due to any fault or neglect on Provider’s part, and the risks of which are not otherwise assumed by Provider pursuant to the provisions of this Agreement. The time for completion of the portion or portions of the Services directly affected by such delay, shall upon timely request of Provider be extended by a period equivalent to the time lost by reason of any and all of the aforesaid causes. Any claim for an extension in the Contract Time or for increased compensation under this Agreement or any individual Task Orders, in order to be considered by Owner, shall be based on written notice delivered to Owner in accordance with ¶11.19 within fourteen (14) days of Provider becoming aware of the event or occurrence giving rise to the claim. Failure to timely submit notice as required herein shall constitute a waiver of the right to seek a time extension or additional compensation. Provider's compensation for Basic Services may be adjusted as mutually agreed by Owner and Provider for any increased costs of performing the Services.
Compensable Delays. 6.6.2.1. If Substantial Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the Architect, or separate Contractor employed by the District (collectively “Compensable Delays”), upon Contractor’s request and notice, in strict conformity with Articles 6 and 10 of these General Conditions, the Contract Time shall be adjusted by Change Order for such reasonable period of time as determined by the Construction Manager and the District. In accordance with California Public Contract Code §7102, if the Contractor’s progress is delayed by any of the events described in the preceding sentence, Contractor shall be entitled to the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay, the delay is unreasonable under the circumstances and was not within the reasonable contemplation of the District or the Contractor at the time of execution of the Master Facilities Lease. In such event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect Field office, indirect additional Home office, unabsorbed overhead, or other consequential damages. No adjustment of the Contract Time shall be made on account of any Compensable Delays unless such delay(s) actually and directly impact Work activities on the Critical Path of the then current accepted Monthly Schedule Update as of the date on which such delay first occurs.
