Contractor Delay Clause Samples
The Contractor Delay clause defines the procedures and consequences when a contractor fails to meet agreed project deadlines. Typically, this clause outlines the circumstances under which delays are considered excusable or non-excusable, and may specify remedies such as extensions of time or the imposition of liquidated damages. Its core function is to allocate responsibility for project delays, incentivize timely performance, and provide a clear framework for resolving disputes related to schedule overruns.
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Contractor Delay. If the Contractor is delayed in the performance of the Work by an act, error or omission of a Contractor Person, or by an event for which the Contractor is not expressly given relief under the Contract (“Contractor Delay”), then the Contractor will not be entitled to, nor will the Contractor make any claim for an adjustment of the Contract Price, reimbursement or payment from BC Hydro for any costs incurred by the Contractor or an extension of the time for the performance of the Work, in either case, as a result of a Contractor Delay.
Contractor Delay. Contractor Delay means any delay in achieving Substantial Performance of the Work or Total Completion by the prescribed dates set out in paragraph 1.3 of Article A-1 of the Agreement – THE WORK other than as expressly permitted under GC 6.5 – DELAYS.
Contractor Delay. If the Architect believes that compensable Extra Services are being, or will be, rendered due to the Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time or the Contractor’s delayed completion of “punch list” items, the Architect shall notify the Owner in writing, but shall not suspend or otherwise alter services to the detriment of the Owner and Project. As a prerequisite to entitlement to compensation for such Extra Services, the Architect shall have fulfilled its obligations under the terms of the Agreement to issue timely Notice(s) to Cure to the Contractor and to have advised the Owner of the Contractor’s inadequate progress and possible actions to be taken by the Owner. Unless otherwise stipulated in the Special Provisions of the Agreement or an amendment to the Agreement, the Architect shall be equitably paid for validated Extra Services to the extent that the Owner is entitled to recover same from the Contractor (or its Surety) under the terms of the Construction Contract.
Contractor Delay. Contractor Delay" shall occur if substantial completion of the Warm Shell Improvements is delayed directly as a result of unreasonable delay by Devcon Construction in completion of the Warm Shell Improvements, which delay occurs after the Delivery Date and before the 7 61 Commencement Date and does not result from Tenant's interference or delay in connection with completion of the Tenant Improvements or failure to make payment when due under the Warm Shell Contract, and provided that such delay in substantial completion could not have been mitigated by Tenant using commercially reasonable measures. Tenant shall give Landlord at least five (5) days prior notice if Tenant becomes aware that Landlord's Contractor is in danger of causing a Contractor Delay, and if Landlord takes appropriate measures to prevent such delay within such five (5) day period, no adjustment to the Commencement Date shall be made on account of such Contractor Delay; provided, however, that if such delay was not reasonably foreseeable by Tenant, the five (5) day period for prior notice and opportunity to mitigate provided above shall be changed to forty-eight (48) hours after Tenant becomes aware of such delay or potential delay.
Contractor Delay. If a delay was caused by the Contractor, a Subcontractor of any tier, or anyone acting on behalf of any of them, the Contractor is not entitled to an increase in the Contract Time or in the Contract Sum.
Contractor Delay. Contractor shall be excused for the period of any delay in performance of any obligations hereunder when it is prevented from doing so by the wrongful or negligent acts or omissions of the City or by causes beyond either party’s control, which shall include all labor disputes, civil disturbance, war, warlike operations, invasions, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fires or other casualties, adverse weather conditions, or acts of God.
Contractor Delay. Whenever Contractor knows or reasonably should know that any actual or potential condition is delaying or threatens to delay the timely performance of the Work, Contractor shall within ten (10) days give notice thereof, including all relevant information with respect thereto to PARCC’s Contract representative.
Contractor Delay. Contractor Delay has the meaning given to it in paragraph 11.1 of Article A-11 INTERPRETATION AND OTHER MATTERS of the Contract.