Common use of DELAYS AND EXTENSIONS OF TIME Clause in Contracts

DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the State of Colorado or the Architect/Engineer, or of any employee or agent of either, or by any separately employed Contractor or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any other causes beyond the Contractor’s control, including weather delays as defined below, the time of Completion of the Work shall be extended for a period equal to such portion of the period of delays directly affecting the completion of the Work as the Contractor shall be able to show he or she could not have avoided by the exercise of due diligence. The Contractor shall provide Notice in writing to the Architect/Engineer, the Principal Representative and State Buildings Program within three (3) business days from the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has ceased, otherwise, any claim for an extension of time is waived. Provided that the Contractor has submitted reasonable schedules for approval when required by Article 12, Requests for Information and Schedules, if no schedule is agreed to fixing the dates on which the responses to requests for information or detail drawings will be needed, or Shop Drawings, Product Data or Samples are to be reviewed as required or allowed by Article 12B, Schedules, no extension of time will be allowed for the Architect/ Engineer’s failure to furnish such detail drawings as needed, or for the failure to initially review Shop Drawings, Product Data or Samples, except in respect of that part of any delay in furnishing detail drawings or instructions extending beyond a reasonable period after written demand for such detailed drawings or instructions is received by the Architect/Engineer. In any event, any claim for an extension of time for such cause will be recognized only to the extent of delay directly caused by failure to furnish detail drawings or instructions or to review Shop Drawings, Product Data or Samples pursuant to schedule, after such demand. All claims for extension of time due to a delay claimed to arise or result from ordered changes in the scope of the Work, or due to instructions claimed to increase the scope of the Work, shall be presented to the Architect/Engineer, the Principal Representative and State Buildings Program as part of a claim for extra cost, if any, in accordance with Article 36, Claims, and in accordance with the Change Order procedures required by Article 35, Changes in The Work. Except as otherwise provided in this paragraph, no extension of time shall be granted when the Contractor has failed to utilize a CPM schedule or otherwise identify the Project’s critical path as specified in Article 12, Requests for Information and Schedules, or has elected not to do so when allowed by the Supplementary General Conditions or the Specifications to use less sophisticated scheduling tools, or has failed to maintain such a schedule. Delay directly affecting the completion of the Work shall result in an extension of time only to the extent that completion of the Work was affected by impacts to the critical path shown on Contractor’s CPM schedule. Where the circumstances make it indisputable in the opinion of the Architect/Engineer that the delay affected the completion of the Work so directly that the additional notice of the schedule impact by reference to a CPM schedule was unnecessary, a reasonable extension of time may be granted. Extension of the time for completion of the Work will be granted for delays due to weather conditions only when the Contractor demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U. S. Department of Commerce, for the Project area. Extensions of the time for completion of the Work due to weather will be granted on the basis of one and three tenths (1.3) calendar days for every day that the Contractor would have Worked but was unable to Work, with each separate extension figured to the nearest whole calendar day. For weather delays and delays caused by events, acts or omissions not within the control of the Principal Representative or any person acting on the Principal Representative’s behalf, the Contractor shall be entitled to an extension of time only and shall not be entitled to recovery of additional cost due to or resulting from such delays. This Article does not, however, preclude the recovery of damages for delay by either party under other provisions in the Contract Documents.

DELAYS AND EXTENSIONS OF TIME. 7.4.1 If the Contractor is hindered or delayed at any time in the commencement or progress of the Work by any act or neglect omission of the Airport Authority or the Designer, or its or their employees or consultants, or a separate contractor engaged by the Airport Authority, or by changes in the Work duly ordered by the Airport Authority, or by fire or other unavoidable casualty, or by hurricane or other extraordinary weather conditions not anticipatable and preventing any continuation of operations by the Contractor, or such other unforeseeable occurrences, events or conditions as are beyond the control of the Contractor (it being agreed that delays occasioned by financial difficulties of the Contractor or any Subcontractor, or by the fault, negligence or failure of performance of any Subcontractor or Supplier, shall not be considered beyond the control of the Contractor), except to the extent that such occurrence, event or condition is caused by any fault or negligence of the Contractor, and provided that such occurrence, event or condition (or the adverse consequences of such occurrence, event or condition) could not have been prevented or mitigated by the Contractor by exercising appropriate care, then the Construction Duration may be extended by Change Order for such reasonable period of time, if any, as the Airport Authority may determine is required due to the nature of the delay, subject to the provisions of this Paragraph 7.4, and such time extension shall be the Contractor’s sole remedy on account of such delay and the Contractor shall have no claim for additional costs or damages on account of such hindrance or delay (including, without limitation, loss of productivity or efficiency, impact damages, lost opportunity costs and other consequential damages, extended site-based costs, home office overhead, or profit). The procedures and other provisions contained in this Paragraph 7.4 are in addition to the provisions of the Contract Documents relating to procedures for Change Orders. A delay in the progress of the Work resulting from one or more of the occurrences, events or conditions described above for which the Contractor establishes its entitlement to an extension of the Construction Duration in accordance with the provisions of this Paragraph 7.4 is sometimes referred to in the Contract Documents as an “Excusable Delay.” The Contractor shall consider in its planning and scheduling of the Work the wide range of seasonal weather conditions historically experienced in the Detroit area; delays or temporary inability to perform work as a result of high or low temperatures and/or precipitation, where such conditions are consistent with the typical range of climatic conditions in the area, will not be considered an Excusable Delay. The Airport Authority may in its discretion recognize Excusable Delay where (i) weather conditions arise of an extraordinary nature, outside the range of reasonably anticipatable weather conditions in the Detroit area, (ii) the Governor of the State of Colorado or Michigan has declared a state of emergency as a result of such weather conditions, so long as that state of emergency applies to the Architect/Engineerarea of the Site, or of and (iii) such conditions prevent any employee or agent of either, or by any separately employed Contractor or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any other causes beyond the Contractor’s control, including weather delays as defined below, the time of Completion performance of the Work shall be for an extended for a period equal to such portion period. Without limitation of the period other provisions of delays directly affecting the completion of the Work as the Contractor shall be able to show he or she could not have avoided by the exercise of due diligence. The Contractor shall provide Notice in writing to the Architect/Engineer, the Principal Representative and State Buildings Program within three (3) business days from the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has ceased, otherwise, any claim for an extension of time is waived. Provided that the Contractor has submitted reasonable schedules for approval when required by Article 12, Requests for Information and Schedules, if no schedule is agreed to fixing the dates on which the responses to requests for information or detail drawings will be needed, or Shop Drawings, Product Data or Samples are to be reviewed as required or allowed by Article 12B, Schedulesthis Paragraph 7.4, no extension of time the Construction Duration will be allowed granted for a delay caused by a shortage of materials, equipment or other elements of the Architect/ Engineer’s failure to furnish such detail drawings as needed, Work or for the failure to initially review Shop Drawings, Product Data by labor disputes or Samples, except in respect of that part disruption. The Airport Authority's exercise of any delay in furnishing detail drawings of its rights or instructions extending beyond a reasonable period after written demand for such detailed drawings or instructions is received by remedies under the Architect/Engineer. In any eventContract Documents (including, any claim for an extension of time for such cause will be recognized only to the extent of delay directly caused by failure to furnish detail drawings or instructions or to review Shop Drawingswithout limitation, Product Data or Samples pursuant to schedule, after such demand. All claims for extension of time due to a delay claimed to arise or result from ordered ordering changes in the scope of the Work, or due to instructions claimed to increase the scope directing suspension, rescheduling or correction of the Work), shall be presented to the Architect/Engineer, the Principal Representative and State Buildings Program as part of a claim for extra cost, if any, in accordance with Article 36, Claims, and in accordance with the Change Order procedures required by Article 35, Changes in The Work. Except as otherwise provided in this paragraph, no extension of time shall be granted when the Contractor has failed to utilize a CPM schedule or otherwise identify the Project’s critical path as specified in Article 12, Requests for Information and Schedules, or has elected not to do so when allowed by the Supplementary General Conditions or the Specifications to use less sophisticated scheduling tools, or has failed to maintain such a schedule. Delay directly affecting the completion regardless of the Work shall result in an extension of time only to the extent that completion or frequency of the Work was affected by impacts to the critical path shown on Contractor’s CPM schedule. Where the circumstances make it indisputable in the opinion Airport Authority's exercise of the Architect/Engineer that the delay affected the completion of the Work so directly that the additional notice of the schedule impact by reference to a CPM schedule was unnecessarysuch rights or remedies, a reasonable extension of time may be granted. Extension of the time for completion of the Work will be granted for delays due to weather conditions only when the Contractor demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U. S. Department of Commerce, for the Project area. Extensions of the time for completion of the Work due to weather will be granted on the basis of one and three tenths (1.3) calendar days for every day that the Contractor would have Worked but was unable to Work, with each separate extension figured to the nearest whole calendar day. For weather delays and delays caused by events, acts or omissions not within the control of the Principal Representative or any person acting on the Principal Representative’s behalf, the Contractor shall be entitled to an extension of time only and shall not be entitled to recovery construed as active interference with the Contractor's performance of additional cost due to or resulting from such delays. This Article does not, however, preclude the recovery of damages for delay by either party under other provisions in the Contract DocumentsWork.

DELAYS AND EXTENSIONS OF TIME. If the Contractor Design/Build Entity is delayed at any time in the progress of the Work by any act or neglect of the State of Colorado or the Architect/EngineerPrincipal Representative, or of any its employee or agent of eitheragent, or by any separately employed Contractor contractor or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any other causes beyond the ContractorDesign/Build Entity’s control, including weather delays as defined below, the time of Completion of the Work shall be extended for a period equal to such portion of the period of delays directly affecting the completion of the Work as the Contractor Design/Build Entity shall be able to show he or she could not have avoided by the exercise of due diligence. The Contractor Design/Build Entity shall provide Notice in writing to the Architect/Engineer, the Principal Representative and State Buildings Program within three (3) business days from the beginning of such delay and shall file a written claim for an extension of time within seven (7) business days after the period of such delay has ceased, otherwise, any claim for an extension of time is waived. Provided that the Contractor has submitted reasonable schedules for approval when required by Article 12, Requests for Information and Schedules, if no schedule is agreed to fixing the dates on which the responses to requests for information or detail drawings will be needed, or Shop Drawings, Product Data or Samples are to be reviewed as required or allowed by Article 12B, Schedules, no extension of time will be allowed for the Architect/ Engineer’s failure to furnish such detail drawings as needed, or for the failure to initially review Shop Drawings, Product Data or Samples, except in respect of that part of any delay in furnishing detail drawings or instructions extending beyond a reasonable period after written demand for such detailed drawings or instructions is received by the Architect/Engineer. In any event, any claim for an extension of time for such cause will be recognized only to the extent of delay directly caused by failure to furnish detail drawings or instructions or to review Shop Drawings, Product Data or Samples pursuant to schedule, after such demand. All claims for extension of time due to a delay claimed to arise or result from ordered changes in the scope of the Work, or due to instructions claimed to increase the scope of the Work, shall be presented to the Architect/Engineer, the Principal Representative and State Buildings Program as part of a claim for extra cost, if any, in accordance with Article 36, Claims, and in accordance with the Change Order procedures required by Article 35, Changes in In The Work. Except as otherwise provided in this paragraph, no extension of time shall be granted when the Contractor Design/Build Entity has failed to utilize a CPM schedule or otherwise identify the Project’s critical path as specified in Article 12, Requests for Information and Schedules, or has elected not to do so when allowed by the Supplementary General Conditions or the Specifications to use less sophisticated scheduling tools, or has failed to maintain such a schedule. Delay directly affecting the completion of the Work shall result in an extension of time only to the extent that completion of the Work was affected by impacts to the critical path shown on Contractorthe Design/Build Entity’s CPM schedule. Where the circumstances make it indisputable in the opinion of the Architect/Engineer that the delay affected the completion of the Work so directly that the additional notice of the schedule impact by reference to a CPM schedule was unnecessary, a reasonable extension of time may be granted. Extension of the time for completion of the Work will be granted for delays due to weather conditions only when the Contractor Design/Build Entity demonstrates that such conditions were more severe and extended than those reflected by the ten-year average for the month, as evidenced by the Climatological Data, U. S. Department of Commerce, for the Project area. Extensions of the time for completion of the Work due to weather will be granted on the basis of one and three tenths (1.3) calendar days for every day that the Contractor Design/Build Entity would have Worked but was unable to Work, with each separate extension figured to the nearest whole calendar day. For weather delays and delays caused by events, acts or omissions not within the control of the Principal Representative or any person acting on the Principal Representative’s behalf, the Contractor Design/Build Entity shall be entitled to an extension of time only and shall not be entitled to recovery of additional cost due to or resulting from such delays. This Article does not, however, preclude the recovery of damages for delay by either party under other provisions in the Contract Documents.