Common use of Construction Delay Clause in Contracts

Construction Delay. (a) Supplier will complete all Work on or before the Completion Date unless either Ordering Company agrees to extend that Date or Supplier is entitled to an extension pursuant to this Agreement. (b) Ordering Company will perform all of its obligations, including provision of labor and materials to be furnished by it in such a manner so as not to delay the progress of the Work (such being a "Construction Delay"), and in event of its failure to do so, thereby causing loss to Supplier or as a result of one or more of the circumstances set forth in paragraph (c) immediately below, Ordering Company agrees that it will compensate Supplier for such loss and, if necessary, reschedule the Completion Date to a mutually agreed upon date. Supplier agrees that if Supplier shall delay the progress of the Work in breach of its obligations hereunder and such delay causes Ordering Company to sustain a loss, then Supplier will reimburse Ordering Company for such loss, subject to the limitation of Supplier's liability set forth in Article 5 of this Agreement. (c) Notwithstanding anything to the contrary in this Agreement, among the causes of "Construction Delay" for which Supplier shall be compensated and the Completion Date shall be rescheduled pursuant to paragraph (b) immediately above, are the following: (i) Lack of Ordering Company Permits; (ii) Lack of Ordering Company furnished material; (iii) Work stoppage by landowner; (iv) Work stoppage by permitting agency even though Supplier has met the requirements of the relevant permits; (v) Railroad company denying access to the right-of-way or rail due to railroad's operations which regulate the Work conditions; (vi) Work stoppage by Ordering Company to implement new requirements, including changes to the Completion Date or Completion Schedule; (vii) Waiting for the presence of the Ordering Company Representative; (viii) Defective or damaged Ordering Company furnished material; (ix) Special Service Precautions per the Specifications; and (x) Waiting for Engineer's written approval to proceed due to the interference of other contractors. (d) Delay time is payable by Ordering Company for Construction Delay for the reasons set forth above, when Supplier is prevented from or delayed in working on any contracted item that is available to Supplier. Construction Delay time will begin after Supplier has been denied access to the Work or Ordering Company has delayed the Work for an accumulated time in excess of one (1) hour during a given normal working day. (e) The term "accumulated time" shall include discontinuous amounts of time and shall be applied to an entire crew. For example, a four-person crew that incurred a forty five (45) minute Construction Delay due to a permit problem and then later in the same working day incurred an additional Construction Delay for another reason, would begin Construction Delay time for the crew after fifteen (15) minutes of the second delay. If a crew is into Construction Delay time at the end of a Work day and is prevented from working on any contracted item available the next Work day and the condition that caused the Construction Delay still exists, then Construction Delay time shall continue without the requirement that it be in excess of one hour for the second day.

Construction Delay. (ai) Supplier will complete If, after Developer has commenced construction of the Project, Developer falls 90 or more days behind any material date set forth in the Construction Schedule, then YRC, by delivery of written notice to Developer, may require Developer to submit, within 15 days, a Catch-Up Plan for YRC’s approval, which approval shall not be withheld unreasonably. At such time as YRC has approved a Catch-Up Plan, Developer shall implement, and diligently pursue the application of, such Catch-Up Plan. (ii) If: (A) Developer fails to submit a timely Catch-Up Plan; or (B) YRC rejects a Catch-Up Plan submitted by Developer; then YRC may develop a reasonable Catch-Up Plan and require Developer to implement, and diligently pursue the application of, such Catch-Up Plan. W (iii) Developer shall be responsible for all Work on or before the Completion Date unless either Ordering Company agrees costs and expenses to extend that Date or Supplier is entitled prepare and implement a Catch-Up Plan (including costs and expenses incurred by YRC to an extension develop a reasonable Catch-Up Plan pursuant to this AgreementSubsection). (biv) Ordering Company will perform all of its obligations, including provision of labor YRC may elect to instruct the trustee to refrain from disbursing any further Net Bond Proceeds during the period: (A) commencing on the 91st day after the applicable date in the Construction Schedule; and materials to be furnished (B) ending on the date on which a Catch-Up Plan has been approved (or developed) by it in such a manner so as not to delay the progress of the Work (such YRC and is being a "Construction Delay"), and in event of its failure to do so, thereby causing loss to Supplier or as a result of one or more of the circumstances set forth in paragraph (c) immediately below, Ordering Company agrees that it will compensate Supplier for such loss and, if necessary, reschedule the Completion Date to a mutually agreed upon dateimplemented by Developer. Supplier agrees that if Supplier shall delay the progress of the Work in breach of its obligations hereunder and such delay causes Ordering Company to sustain a loss, then Supplier will reimburse Ordering Company for such loss, subject to the limitation of Supplier's liability set forth in Article 5 of this Agreement. (c) Notwithstanding anything to the contrary set forth in Subsection 10(b), the remedies set forth in this Agreement, among the causes of "Construction Delay" for which Supplier Subsection shall be compensated and the Completion Date sole remedy available to YRC for the delay specified in this Subsection; provided that YRC shall be rescheduled pursuant to paragraph (b) immediately above, are the following: have: (i) Lack the remedy of Ordering Company Permits; specific performance to enforce the obligations of Developer under this Subsection; and (ii) Lack the right to recover from Developer all costs and expenses incurred by YRC in connection with exercising its rights and remedies under, or enforcing, the terms and conditions of Ordering Company furnished material; (iii) Work stoppage by landowner; (iv) Work stoppage by permitting agency even though Supplier has met the requirements of the relevant permits; (v) Railroad company denying access to the right-of-way or rail due to railroad's operations which regulate the Work conditions; (vi) Work stoppage by Ordering Company to implement new requirementsthis Subsection, including changes to the Completion Date or Completion Schedule; (vii) Waiting for the presence of the Ordering Company Representative; (viii) Defective or damaged Ordering Company furnished material; (ix) Special Service Precautions per the Specifications; and (x) Waiting for Engineer's written approval to proceed due to the interference of other contractors. (d) Delay time is payable by Ordering Company for Construction Delay for the reasons set forth above, when Supplier is prevented from or delayed in working on any contracted item that is available to Supplier. Construction Delay time will begin after Supplier has been denied access to the Work or Ordering Company has delayed the Work for an accumulated time in excess of one (1) hour during a given normal working day. (e) The term "accumulated time" shall include discontinuous amounts of time and shall be applied to an entire crew. For example, a four-person crew that incurred a forty five (45) minute Construction Delay due to a permit problem and then later in the same working day incurred an additional Construction Delay for another reason, would begin Construction Delay time for the crew after fifteen (15) minutes of the second delay. If a crew is into Construction Delay time together with interest at the end rate of a Work day and is prevented from working on any contracted item available the next Work day and the condition that caused the Construction Delay still exists, then Construction Delay time shall continue without the requirement that it be in excess of one hour for the second day12% per annum.