Common use of CONTRACT TIME AND TIME EXTENSIONS Clause in Contracts

CONTRACT TIME AND TIME EXTENSIONS. 11.1 CONTRACTOR must diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project site, so that its Work or the work of others must not be delayed or impaired by any act or omission by CONTRACTOR or anyone for whom CONTRACTOR is liable. Unless expressly noted otherwise in the Contract Documents, CONTRACTOR must be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of OWNER'S suppliers and CONTRACTORS as set forth in Paragraph 14 below. 11.2 Should CONTRACTOR be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of CONTRACTOR, and not due to its fault or neglect, including but not restricted to acts of God or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes, lockouts, unusually severe weather conditions by comparison with the ten-year Marion County, Florida average, ground subsurface conditions not reasonably anticipated and not indicated by the most recent ground subsurface conditions reports of the project site, not reasonably anticipatable, CONTRACTOR must notify OWNER and DESIGN PROFESSIONAL in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONTRACTOR may have had to request a time extension. 11.2.1 OWNER must have the right, at any time, whether or not CONTRACTOR is behind schedule, to order CONTRACTOR to accelerate its Work. In the event that OWNER orders CONTRACTOR to accelerate its Work and CONTRACTOR (i) is not behind schedule and (ii) believes that acceleration will increase the cost of performance, CONTRACTOR, must be required to submit a Claim for increase pursuant to Paragraph 13 below. Any such Claim must be based exclusively and solely on actual and direct net increased field costs, if any, associated with the acceleration. 11.3 If CONTRACTOR encounters on the Project site any materials reasonably believed by CONTRACTOR to be hazardous or toxic substances which have not been rendered harmless, CONTRACTOR immediately must (i) stop Work in the area affected and (ii) report the condition to OWNER in writing. If the Work is so stopped and hazardous or toxic material is found, the Work in the affected area must not thereafter be resumed except by Change Order. Any such Change Order must include, but not be limited to, an equitable adjustment to the Contract Time as appropriate. If no hazardous or toxic material is found after the Work is stopped, no Change Order must be issued and CONTRACTOR must promptly resume the Work in the affected area as directed by OWNER. Further, if the hazardous or toxic material was generated or caused by CONTRACTOR or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be issued, CONTRACTOR must promptly resume performance of the Work as directed by OWNER and CONTRACTOR must indemnify OWNER and hold OWNER harmless for any costs incurred by OWNER with respect to such hazardous or toxic material, including the cost of all clean up and disposal (including those associated with cleaning up any adjacent property), as well as all governmental fines or penalties that might be assessed against OWNER as a result of such hazardous or toxic materials. 11.4 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which OWNER and DESIGN PROFESSIONAL may be responsible, in whole or in part, must relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONTRACTOR expressly acknowledges and agrees that it must receive no damages for delay. CONTRACTOR'S sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension must not be a condition precedent to the aforementioned "No Damage for Delay" provision. This Paragraph must expressly apply to claims for early completion, as well as to claims based on late completion. Notwithstanding the foregoing, if the Work is delayed due to the fault or neglect of OWNER or anyone for whom OWNER is liable, and such delays have a cumulative total of more than ninety (90) calendar days, CONTRACTOR may make a Claim for and must be limited to its actual and direct net increased field costs, if any, accruing after said ninety (90) calendar days. In no event must OWNER be liable to CONTRACTOR whether in contract, warranty, tort (including negligence or strict liability) or otherwise for any acceleration, soft costs, lost profits, special, indirect, incidental, or consequential damages of any kind or nature whatsoever.