Common use of Exception to General Rule – Compensable Delay Clause in Contracts

Exception to General Rule – Compensable Delay. CM/GC shall be entitled to an extension of Contract Time and adjustment to the Contract Sum for the delays caused by an act or neglect of the Owner, Design Professional, or Separate Contractor, and for unanticipated Hazardous Materials subject to the provisions of Section 2.2.8, and for Differing Site Conditions subject to the provisions of Section 2.2.9, on the condition that it submits a Notice of Claim in conformance with, and by the time set forth in, Section 5.2.2. As an additional condition precedent to such extension of Contract Time and adjustment to the Contract Sum, CM/GC must prove that (i) such delays extended the critical path of Work based on the Overall Project Schedule; (ii) CM/GC has taken all reasonable actions to mitigate the effects of the delay events; (iii) the fault or negligence of CM/GC or CM/GC’s Subcontractors did not contribute to such delay events; and (iv) CM/GC shall have provided Notice to Owner of the cause or causes of such delay within seven (7) days from the date on which CM/GC first becomes aware, or should have become aware, of such delay, for all delays except for Differing Site Conditions, in which case Notice shall be provided in accordance with Section 2.2.9.1. Additionally, any Claim for failure of Design Professional to timely respond to submittals shall be made while the failure to respond continues, or within seven (7) days after such failure to respond has been cured. Design Professional shall have the time set forth in Section 2.2.7 to review and respond to submittals.

Exception to General Rule – Compensable Delay. CM/GC shall be entitled to an extension of Contract Time and adjustment to the Contract Sum for the delays caused by an act or neglect of the Owner, Design Professional, or Separate Contractor, and for unanticipated Hazardous Materials subject to the provisions of Section 2.2.8, and for Differing Site Conditions subject to the provisions of Section 2.2.9, Contractor on the condition that it submits a Notice of Claim in conformance with, and by the time set forth in, Section 5.2.2. As an additional condition precedent to such extension of Contract Time and adjustment to the Contract Sum, CM/GC must prove that (i) such delays extended extend the critical path of Work based on the Overall Project Schedule; (ii) CM/GC has taken all reasonable actions to mitigate the effects of the delay eventsevent; (iii) the fault or negligence of CM/GC or CM/GC’s Subcontractors did not contribute to such delay eventscauses; and (iv) CM/GC shall have provided Notice to Owner of the cause or causes of such delay within seven (7) days from the date on which CM/GC first becomes aware, or should have become aware, of such delay, for all delays except for Differing Site Conditions, in which case Notice shall be provided in accordance with Section 2.2.9.1. Additionally, any Claim for failure of Design Professional to timely respond to submittals shall be made while the failure to respond continues, or within seven (7) days after such failure to respond has been cured. Design Professional shall have the time set forth in Section 2.2.7 to review and respond to submittals. Amount of Increase in Contract Sum. The amount of increase in Contract Sum for delays set forth in Section 1.4.2.3 shall be subject to the limitations and requirements of Section 5.2.2.3.