Common use of CONTRACT TIME AND TIME EXTENSIONS Clause in Contracts

CONTRACT TIME AND TIME EXTENSIONS. 15.1 CONSTRUCTION MANAGER shall 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 shall not be delayed or impaired by any act or omission by CONSTRUCTION MANAGER or anyone for whom CONSTRUCTION MANAGER is liable. Unless expressly noted otherwise in the Contract Documents, CONSTRUCTION MANAGER shall 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. 15.2 Should CONSTRUCTION MANAGER be obstructed or delayed in the prosecution of, or completion of, the Work as a result of unforeseeable causes beyond the control of CONSTRUCTION MANAGER, 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 ▇▇▇ County, Florida, average (“Excusable Delays”), CONSTRUCTION MANAGER shall notify OWNER and Design Professional in writing within three (3) calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSTRUCTION MANAGER may have had to request a time extension. The CONSTRUCTION MANAGER shall not be entitled to an extension of the contract time or CONSTRUCTION MANAGER’S onsite General Conditions due to adverse weather conditions until the CONSTRUCTION MANAGER shall have demonstrated the loss of fifteen (15) calendar days affecting the critical path of the Work. The CONSTRUCTION MANAGER shall submit claims for the loss of days due to adverse weather conditions (both for the 15 calendar days described above and for all subsequent claims for lost days) within three (3) calendar days of the adverse weather conditions causing the claim, or the same shall be deemed waived. Any days for which delays due to adverse weather conditions have been claimed will not be approved unless the National Weather Service has indicated that severe weather was present. To the extent CONSTRUCTION MANAGER properly demonstrates in the manner described above the loss of more than fifteen (15) calendar days, CONSTRUCTION MANAGER shall be entitled to an extension of time equal to the lost days in excess of the initial fifteen (15). 15.3 If CONSTRUCTION MANAGER encounters on the Project site any materials reasonably believed by CONSTRUCTION MANAGER to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, CONSTRUCTION MANAGER immediately shall (i) stop Work in the area affected and (ii) report the condition to OWNER in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by CONSTRUCTION MANAGER or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and CONSTRUCTION MANAGER shall indemnify OWNER and hold OWNER harmless for any costs incurred by OWNER with respect to such hazardous material. 15.4 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, shall relieve CONSTRUCTION MANAGER of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSTRUCTION MANAGER expressly acknowledges and agrees that it shall receive no damages for delay except as provided herein. CONSTRUCTION MANAGER’S sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time and its onsite General Conditions; provided, however, the granting of any such time extension shall not be a condition precedent to the “No Damage For Delay” provision below. This Section shall expressly apply to claims for early completion, as well as to claims based on late completion. In no event shall OWNER be liable to CONSTRUCTION MANAGER 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. The CONSTRUCTION MANAGER shall not be entitled to payment of its onsite General Conditions until it has been delayed in its critical path of the Work for a Project aggregate of fifteen (15) calendar days, which shall be calculated and considered as described in Subsection 15.2 above.

CONTRACT TIME AND TIME EXTENSIONS. 15.1 CONSTRUCTION MANAGER 11.1 Construction Manager shall 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 shall not be delayed or impaired by any act or omission by CONSTRUCTION MANAGER Construction Manager or anyone for whom CONSTRUCTION MANAGER Construction Manager is liable. Unless expressly noted otherwise in the Contract Documents, CONSTRUCTION MANAGER Construction Manager shall 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 Owner’s suppliers and contractorscontractors as set forth in Section 14 herein. 15.2 11.2 Should CONSTRUCTION MANAGER Construction Manager be obstructed or delayed in the prosecution of, of or completion of, of the Work as a result of unforeseeable causes beyond the control of CONSTRUCTION MANAGERConstruction Manager, 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, utility work being performed within the project limits by local government agencies in conjunction with Florida Progress, Brighthouse Cable or Verizon Telephone, or by, unusually severe weather conditions by comparison with the ten‐year ▇▇▇ ten-year Pinellas County, Florida, average (“Excusable Delays”)not reasonably anticipatable, CONSTRUCTION MANAGER Construction Manager shall notify OWNER Owner and Design Professional in writing within three seven (37) calendar days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSTRUCTION MANAGER Construction Manager may have had to request a time extension. The CONSTRUCTION MANAGER shall not be entitled to an extension of the contract time or CONSTRUCTION MANAGER’S onsite General Conditions due to adverse weather conditions until the CONSTRUCTION MANAGER shall have demonstrated the loss of fifteen (15) calendar days affecting the critical path of the Work. The CONSTRUCTION MANAGER shall submit claims for the loss of days due to adverse weather conditions (both for the 15 calendar days described above and for all subsequent claims for lost days) within three (3) calendar days of the adverse weather conditions causing the claim, or the same shall be deemed waived. Any days for which delays due to adverse weather conditions have been claimed will not be approved unless the National Weather Service has indicated that severe weather was present. To the extent CONSTRUCTION MANAGER properly demonstrates in the manner described above the loss of more than fifteen (15) calendar days, CONSTRUCTION MANAGER shall be entitled to an extension of time equal to the lost days in excess of the initial fifteen (15). 15.3 11.3 If CONSTRUCTION MANAGER Construction Manager encounters on the Project site any materials reasonably believed by CONSTRUCTION MANAGER Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, CONSTRUCTION MANAGER Construction Manager immediately shall (i) stop Work in the area affected and (ii) report the condition to OWNER Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by CONSTRUCTION MANAGER the Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time and CONSTRUCTION MANAGER Construction Manager shall indemnify OWNER the Owner and hold OWNER Owner harmless for any costs incurred by OWNER the Owner with respect to such hazardous material. 15.4 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 Owner and Design Professional may be responsible, in whole or in part, shall relieve CONSTRUCTION MANAGER Construction Manager of its duty to perform or give rise to any right to damages or additional compensation from OWNEROwner. CONSTRUCTION MANAGER Construction Manager expressly acknowledges and agrees that it shall receive no damages for delay except as provided hereindelay. CONSTRUCTION MANAGER’S Construction Manager’s sole remedy, if any, against OWNER Owner will be the right to seek an extension to the Contract Time and its onsite General ConditionsTime; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned “No Damage For Delay” provision belowprovision. This Section paragraph shall 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 the Owner is liable, (including the undergrounding of the Progress Energy utilities throughout the project in the event the Construction Manager does not enter into an agreement directly with Progress Energy) and such delays have a cumulative total of more than twenty-one (21) calendar days, Construction Manager may make a claim for its actual and direct delay damages accruing after said twenty- one (21) calendar days. In no event shall OWNER Owner be liable to CONSTRUCTION MANAGER Construction Manager 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. The CONSTRUCTION MANAGER shall not be entitled to payment of its onsite General Conditions until it has been delayed in its critical path of the Work for a Project aggregate of fifteen (15) calendar days, which shall be calculated and considered as described in Subsection 15.2 above.

CONTRACT TIME AND TIME EXTENSIONS. 15.1 CONSTRUCTION MANAGER 11.1. Construction Manager shall 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 shall not be delayed or impaired by any act or omission by CONSTRUCTION MANAGER Construction Manager or anyone for whom CONSTRUCTION MANAGER Construction Manager is liable. Unless expressly noted otherwise in the Contract Documents, CONSTRUCTION MANAGER Construction Manager shall 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 Owner’s suppliers and contractorscontractors as set forth in Section 14 herein. 15.2 11.2. Should CONSTRUCTION MANAGER Construction Manager be obstructed or delayed in the prosecution of, of or completion of, of the Work as a result of unforeseeable causes beyond the control of CONSTRUCTION MANAGERConstruction Manager, 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 ▇▇▇ ten-year Alachua County, Florida, average (“Excusable Delays”)not reasonably anticipatable, CONSTRUCTION MANAGER Construction Manager shall notify OWNER Owner and Design Professional in writing within three seven (37) calendar business days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSTRUCTION MANAGER Construction Manager may have had to request a time extension. The CONSTRUCTION MANAGER shall not be entitled to an extension of the contract time or CONSTRUCTION MANAGER’S onsite General Conditions due to adverse weather conditions until the CONSTRUCTION MANAGER shall have demonstrated the loss of fifteen (15) calendar days affecting the critical path of the Work. The CONSTRUCTION MANAGER shall submit claims for the loss of days due to adverse weather conditions (both for the 15 calendar days described above and for all subsequent claims for lost days) within three (3) calendar days of the adverse weather conditions causing the claim, or the same shall be deemed waived. Any days for which delays due to adverse weather conditions have been claimed will not be approved unless the National Weather Service has indicated that severe weather was present. To the extent CONSTRUCTION MANAGER properly demonstrates in the manner described above the loss of more than fifteen (15) calendar days, CONSTRUCTION MANAGER shall be entitled to an extension of time equal to the lost days in excess of the initial fifteen (15). 15.3 11.3. If CONSTRUCTION MANAGER Construction Manager encounters on the Project site any materials reasonably believed by CONSTRUCTION MANAGER Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, CONSTRUCTION MANAGER Construction Manager immediately shall (i) stop Work in the area affected and (ii) report the condition to OWNER Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was generated or caused by CONSTRUCTION MANAGER the Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment amendment in the Contract Time and CONSTRUCTION MANAGER Construction Manager shall indemnify OWNER the Owner and hold OWNER Owner harmless for any costs incurred by OWNER the Owner with respect to such hazardous material. 15.4 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 Owner and Design Professional may be responsible, in whole or in part, shall relieve CONSTRUCTION MANAGER Construction Manager of its duty to perform or give rise to any right to damages or additional compensation from OWNEROwner. CONSTRUCTION MANAGER Construction Manager expressly acknowledges and agrees that it shall receive no damages for delay except as provided hereindelay. CONSTRUCTION MANAGER’S Construction Manager’s sole remedy, if any, against OWNER Owner will be the right to seek an extension to the Contract Time and its onsite General ConditionsTime; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned “No Damage For Delay” provision belowprovision. This Section paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. In no event shall OWNER be liable to CONSTRUCTION MANAGER whether in contractNotwithstanding the foregoing, 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. The CONSTRUCTION MANAGER shall not be entitled to payment of its onsite General Conditions until it has been delayed in its critical path of if the Work is delayed due solely to the fault or neglect of Owner or solely from anyone for whom the Owner is liable, and such delays have a Project aggregate cumulative total of fifteen more than twenty-five (1525) calendar days, which Construction Manager may make a claim for its actual and direct delay damages accruing after said twenty-five (25) calendar days. Provided, however, Construction Manager expressly acknowledges and agrees that its actual and direct delay damages shall be calculated and considered not exceed $1,000.00 (as described in Subsection 15.2 above.set forth in

CONTRACT TIME AND TIME EXTENSIONS. 15.1 CONSTRUCTION MANAGER 11.1 Construction Manager shall 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 shall not be delayed or impaired by any act or omission by CONSTRUCTION MANAGER Construction Manager or anyone for whom CONSTRUCTION MANAGER Construction Manager is liable. Unless expressly noted otherwise in the Contract Documents, CONSTRUCTION MANAGER Construction Manager shall 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 Owner’s suppliers and contractorscontractors as set forth in Section 14 herein. 15.2 11.2 Should CONSTRUCTION MANAGER Construction Manager be obstructed or delayed in the prosecution of, of or completion of, of the Work as a result of unforeseeable causes beyond the control of CONSTRUCTION MANAGERConstruction Manager, 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 ▇▇▇ Countyten-year City of Naples, Florida, average (“Excusable Delays”)not reasonably anticipatable, CONSTRUCTION MANAGER Construction Manager shall notify OWNER Owner and Design Professional in writing within three (3) calendar 10 business days after the commencement of such delay, stating the cause or causes thereof. If the Construction manager fails to comply with the foregoing notice requirement and Owners is demonstrably prejudicated by such failure, or Construction Manager shall be deemed to have waived any right which CONSTRUCTION MANAGER Construction Manager may have had to request a time extension. The CONSTRUCTION MANAGER shall not be entitled to an extension of adjustment in the contract time Contract Time or CONSTRUCTION MANAGER’S onsite General Conditions due to adverse weather conditions until the CONSTRUCTION MANAGER Contract Amount. 11.2.1 Owner shall have demonstrated the loss of fifteen (15) calendar days affecting the critical path of the right, at any time, whether or not Construction Manager is behind schedule, to order Construction Manager to accelerate its Work. The CONSTRUCTION MANAGER shall submit claims for In the loss event that Owner orders Construction Manager to accelerate its Work and Construction Manager (i) is not behind schedule and (ii) believes that acceleration will increase the cost of days due to adverse weather conditions (both for the 15 calendar days described above and for all subsequent claims for lost days) within three (3) calendar days of the adverse weather conditions causing the claimperformance, or the same Construction Manager, shall be deemed waivedrequired to submit a Claim for increase pursuant to Section 13 of this Agreement. Any days for which delays due to adverse weather conditions have been claimed will not be approved unless the National Weather Service has indicated that severe weather was present. To the extent CONSTRUCTION MANAGER properly demonstrates in the manner described above the loss of more than fifteen (15) calendar days, CONSTRUCTION MANAGER such claim shall be entitled to based exclusively and solely on actual and direct increased field costs associated with the acceleration or an extension of time equal to the lost days in excess of the initial fifteen (15)agreed amount by both parties. 15.3 11.3 If CONSTRUCTION MANAGER Construction Manager encounters on the Project site any materials reasonably believed by CONSTRUCTION MANAGER Construction Manager to be petroleum or petroleum related products or other hazardous or toxic substances which have not been rendered harmless, CONSTRUCTION MANAGER Construction Manager immediately shall (i) stop Work in the area affected and (ii) report the condition to OWNER Owner in writing. If the Work is so stopped and hazardous material is found, the Work in the affected area shall not thereafter be resumed except by Change Order. Any such Change Order shall include, but not be limited to, an adjustment to the Contract Time and Contract Amount, as appropriate. If no hazardous material is found after the Work is stopped, no Change Order is required to resume the Work in the affected area. Further, if the hazardous material was negligently generated or caused by CONSTRUCTION MANAGER Construction Manager or any of its employees, agents, subcontractors, or material suppliers, no Change Order will be required for an adjustment in the Contract Time or Contact Amount and CONSTRUCTION MANAGER Construction Manager shall indemnify OWNER Owner and hold OWNER Owner harmless for any costs incurred by OWNER Owner with respect to such hazardous material. 15.4 No interruption, interference, inefficiency, suspension 11.4 In event shall any approval by Owner authorizing Construction Manager to continue performing Work under this Agreement or delay in the commencement or progress any payment issued by Owner to Construction Manager be deemed a waiver of the Work from any cause whatever, including those for which OWNER and Design Professional may be responsible, in whole or in part, shall relieve CONSTRUCTION MANAGER of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSTRUCTION MANAGER expressly acknowledges and agrees that it shall receive no damages claim Owner may have against Construction Manager for delay except as provided herein. CONSTRUCTION MANAGER’S sole remedy, if any, against OWNER will be the right to seek an extension to the Contract Time and its onsite General Conditions; provided, however, the granting of any such time extension shall not be a condition precedent to the “No Damage For Delay” provision below. This Section shall expressly apply to claims for early completion, as well as to claims based on late completion. In no event shall OWNER be liable to CONSTRUCTION MANAGER 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. The CONSTRUCTION MANAGER shall not be entitled to payment of its onsite General Conditions until it has been delayed in its critical path of the Work for a Project aggregate of fifteen (15) calendar days, which shall be calculated and considered as described in Subsection 15.2 abovehereunder.