Delay in Final Completion Sample Clauses
The 'Delay in Final Completion' clause defines the procedures and consequences when a project or contractual work is not finished by the agreed-upon final completion date. Typically, this clause outlines the responsibilities of the parties if delays occur, such as the assessment of liquidated damages, requirements for notifying the other party, or steps to mitigate the delay. Its core practical function is to allocate risk and provide a clear framework for addressing late completion, thereby encouraging timely performance and offering remedies if deadlines are missed.
Delay in Final Completion. If after Substantial Completion of the Work, Final Completion is materially delayed through no fault of the Design/Builder or by the issuance of additional Change Orders or Change Directives by the Owner, the Owner shall, upon request of the Design/Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed. If the remaining balance for Work not fully completed is less than the Retainage, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed shall be submitted by the Design/Builder to the Owner, and such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims by either the Design/Builder or the Owner.
Delay in Final Completion. District shall make payment of the balance due for any portion of the Work fully completed and accepted if final completion is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion. In the event that final completion is not accomplished within thirty (30) days after the date of Substantial Completion due to any fault of Contractor, District may withhold from the final payment 150 percent of the reasonable cost to complete the unfinished Work and to attain final completion. In the event Contractor fails to complete the Work necessary to attain final completion after forty five (45) days from Substantial Completion, District may, without waiving other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld.
Delay in Final Completion. If final completion is not accomplished within 30 days after the date of Substantial Completion due to any fault of Design-Builder, THPRD may withhold from any subsequent progress payments and from the final payment 150 percent of the reasonable cost of the unfinished Work necessary to attain final completion. Withheld funds will be paid pro rata following successful completion of the unfinished Work if the Work is done by Design-Builder. If Design-Builder fails to complete the Work necessary to attain final completion, THPRD may, without waiving any other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld. THPRD will not withhold any amount under this section relating to Work arising from Change Orders or THPRD Directives issued following the date of Substantial Completion.
Delay in Final Completion. City shall make payment of the balance due for any portion of the Work fully completed and accepted if final completion is materially delayed through no fault of Contractor or by issuance of Change Orders affecting final completion. In the event that final completion is not accomplished within thirty (30) days after the date of Substantial Completion due to any fault of Contractor, City may withhold from the final payment 150 percent of the reasonable cost to complete the unfinished Work and to attain final completion. In the event Contractor fails to complete the Work necessary to attain final completion after forty five (45) days from Substantial Completion, City may, without waiving other remedies it may have, complete the Work and deduct the actual cost thereof from the funds withheld.
Delay in Final Completion. If after Substantial Completion of the Work, Final Completion is materially delayed through no fault of the Design-Builder or by the issuance of additional Change Orders, the City will, upon request of the Design-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed. If the remaining balance for Work not fully completed is less than the Retention, and if Bonds have been furnished, the written consent of Surety to payment of the balance due for that portion of the Work fully completed shall be submitted by the Design-Builder to the City, and such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of Claims by either the Design-Builder or the City.