Common use of Delays and Extension of Time Clause in Contracts

Delays and Extension of Time. The ARCHITECT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT or its sub-consultants and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECTS request, the AGENCY shall consider the facts and extent of any failure to perform the work and, if the ARCHITECTS failure to perform was without its or its sub-ARCHITECTS fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the AGENCY ’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT is delayed at any time in the process of the work by any act or neglect of the AGENCY or its employees, or by any other ARCHITECT employed by the AGENCY or by changes ordered by the AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECTS control, or by delay authorized by the AGENCY pending negotiation or by any cause which the AGENCY shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the AGENCY may decide. No extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the AGENCY In the case of continuing cause of delay, only one (1) claim is necessary. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Delays and Extension of Time. The ARCHITECT shall not 8.1 A failure or delay by the applicable Buyer or Contractor to perform any act or obligation to be considered in default performed by reason it under the Accepted Order within the time specified therein for such performance, if caused by act of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT or its sub-consultants and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural God or public health emergencies; enemy, explosion, fire, storm, earthquake, flood, drought, strikes, lockouts, labor disputes; freight embargoes; troubles, riots, vandalism, sabotage, embargo, war, whether or not declared and abnormally severe and unusual weather conditions. Upon whether or not the ARCHITECTS requestUnited States is a participant, the AGENCY shall consider the facts and extent of any failure to perform the work andfederal, if the ARCHITECTS failure to perform was without its state or its sub-ARCHITECTS fault or negligencemunicipal law, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the AGENCY ’S rights to changeregulation, terminateorder, license, priority, seizure, regulation, or stop any allocation, failure or all delay of the work at any time. If the ARCHITECT is delayed at any time in the process of the work transportation, shortage or inability to obtain supplies, raw materials, equipment, fuel, or labor, or by any act or neglect of the AGENCY or its employeesany separate contractor, or by any other ARCHITECT employed by the AGENCY or by changes ordered by in the AGENCY or in an unusual delay in transportation, unavoidable casualtieswork, or any causes other circumstance of a similar or different nature beyond the ARCHITECTS controlreasonable control of the party so failing or delayed, or by delay authorized by shall not constitute a breach of the AGENCY pending negotiation or by Accepted Order nor subject the party so failing to any cause which liability to the AGENCY shall decide justifies the delayother and, then except as herein otherwise expressly provided, the time of completion performance shall be extended for the duration of the delay so caused; provided such Party shall have notified the other Party in writing of the existence of such a condition, and the expected duration thereof within five (5) working days of the commencement of any reasonable such delay. If the Buyer determines that a delay so claimed by Contractor was beyond the control and without the fault or negligence of Contractor and not reasonably foreseeable by Contractor at the time the AGENCY may decideAccepted Order was entered into, the Buyer shall determine the duration of the delay and shall extend the time of performance of the Accepted Order thereby; provided, however, the Contractor will cooperate with the Buyer and use its best efforts to minimize the impact on the schedule of any such delay including, but not limited to, by re-deployment or other use made of labor and/or materials during such period of delay. No Contractor shall not be entitled to, and hereby expressly waives recovery of, any damages suffered by reason of the delays contemplated by this provision, and extension of time shall constitute Contractor’s sole remedy and PPG and the Buyer’s sole liability for such delays. Failure to give the above-described notice of delay shall be made sufficient ground for delay occurring more than seven (7) days before claim therefore is made in writing to denial by the AGENCY In the case Buyer of continuing cause an extension of delay, only one (1) claim is necessary. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contracttime.

Delays and Extension of Time. The ARCHITECT CONTRACTOR shall not be considered in default by reason of any failure a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the ARCHITECT CONTRACTOR or its sub-consultants subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECTS CONTRACTOR’s request, the AGENCY CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the ARCHITECTS CONTRACTOR’s delay and failure to timely perform was without its it or its sub-ARCHITECTS subcontractors’ fault or negligence, as determined by the Contract Schedule and/or any other affected provision CITY in its sole discretion, the time of this Contract completion shall be revised accordinglyextended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the AGENCY ’S CITY’s rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT CONTRACTOR is delayed at any time in the process progress of the work by any act or neglect of the AGENCY CITY or its employees, or by any other ARCHITECT contractor employed by the AGENCY CITY, or by changes ordered by the AGENCY CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECTS CONTRACTOR’S control, or by delay authorized by the AGENCY CITY pending negotiation or by any cause which the AGENCY CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the AGENCY CITY, in its sole discretion, may decide. No extension of time shall be made for any delay occurring more than seven (7) days before a claim therefore is made in writing to the AGENCY CITY. In the case of continuing cause of delay, only one (1) claim is necessary. This Article does not exclude If no schedule or other agreement sets forth the recovery of damages dates by which drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. The CONTRACTOR’s sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by either party under other provisions CONTRACTOR due to a delay in completion of the Contractwork.

Delays and Extension of Time. The ARCHITECT CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT CONTRACTOR or its subSub-consultants Contractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECTS CONTRACTOR’S request, the AGENCY shall consider the facts and extent of any failure to perform the work and, if the ARCHITECTS CONTRACTOR’S failure to perform was without its it or its subSub-ARCHITECTS Contractors’ fault or negligence, as determined by the AGENCY, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the AGENCY AGENCY’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT CONTRACTOR is delayed at any time in the process of the work by any act or neglect of the AGENCY or its employees, or by any other ARCHITECT CONTRACTOR employed by the AGENCY AGENCY, or by changes ordered by the AGENCY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECTS CONTRACTOR’S control, or by delay authorized by the AGENCY Engineer pending negotiation or by any cause which the AGENCY Engineer shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the AGENCY may decide. No extension shall be made for a delay occurring more than seven (7) days before a claim therefore is made in writing to the AGENCY Engineer. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which the drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.

Delays and Extension of Time. The ARCHITECT CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the ARCHITECT CONSULTANT or its sub-consultants Sub CONSULTANTS and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the ARCHITECTS CONSULTANT’S request, the AGENCY CRA shall consider the facts and extent of any failure to perform the work and, if the ARCHITECTS CONSULTANT’S failure to perform was without its it or its sub-ARCHITECTS Sub VENDOS’ fault or negligence, as determined by the CRA, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the AGENCY CRA’S rights to change, terminate, or stop any or all of the work at any time. If the ARCHITECT CONSULTANT is delayed at any time in the process of the work by any act or neglect of the AGENCY CRA or its employees, or by any other ARCHITECT CONSULTANT employed by the AGENCY CRA, or by changes ordered by the AGENCY CRA or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the ARCHITECTS CONSULTANT’S control, or by delay authorized by the AGENCY CONSULTANT pending negotiation or by any cause which the AGENCY CONSULTANT shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the AGENCY CRA may decide. No extension shall be made for a delay occurring more than seven (7) days before a claim therefore is made in writing to the AGENCY CONSULTANT. In the case of continuing cause of delay, only one (1) claim is necessary. If no schedule or other agreement sets forth the dates by which the drawing(s) shall be furnished, then no claims for delay shall be allowed because of failure to furnish such drawing(s), until two (2) weeks after demand for the drawings and not then unless said claim is reasonable. This Article does not exclude the recovery of damages for delay by either party under other provisions in the Contract.