Progress Delay Clause Samples
The PROGRESS DELAY clause defines the procedures and responsibilities when a project or contractual work is delayed beyond agreed timelines. Typically, it outlines the conditions under which delays are recognized, the obligations of the party experiencing the delay to notify the other party, and any required documentation or mitigation steps. For example, it may require the contractor to submit a written notice within a certain period after becoming aware of the delay and to propose a revised schedule. The core function of this clause is to manage expectations, allocate responsibility for delays, and provide a clear process for addressing disruptions, thereby minimizing disputes and keeping the project on track.
POPULAR SAMPLE Copied 1 times
Progress Delay. Should any of the following conditions exist, the Owner may require the Contractor to prepare, at no extra cost to the Owner, a plan of action and a recovery schedule for completing the Work by the Contract Time for Completion or the Contract Completion Date:
(1) The Contractor's monthly project report indicates delays that are, in the opinion of the Owner, of sufficient magnitude that the Contractor's ability to complete the Work by the scheduled Time for Completion or the Contract Completion Date is brought into question;
(2) The CPM schedule sorted by early finish shows the Contractor to be thirty
Progress Delay. When the Work is thirty (30) calendar days or more behind the Construction Schedule, the City may require Contractor to prepare and submit, at no extra cost to the City, a recovery schedule indicating by what means Contractor intends to regain compliance with the Construction Schedule. The recovery schedule must be submitted to the City for review within seven (7) days of the City’s notice of unsatisfactory progress. The recovery schedule shall be reviewed and approved by the Project Manager. If the City and Contractor are unable to agree on the terms of the recovery schedule and the plan upon which it is based, within ten (10) days after the issuance of Contractor’s submission of the recovery schedule, the Project Manager shall have the right to direct such acceleration as the Project Manager, in his/her reasonable judgment, deems necessary. Provided the notice provisions of this Section 6.3(c) are complied with, the cost of any acceleration directed under this Section 6.3(c) shall not justify an adjustment to the Guaranteed Maximum Price or the Time for Completion.
Progress Delay. Should any of the following conditions exist, the Owner may require the Contractor to prepare, at no extra cost to the Owner, a plan of action and a recovery schedule for completing the Work by the Contract Time for Completion or the Contract Completion Date:
(1) The Contractor's monthly project report indicates delays that are, in the opinion of the Owner, of sufficient magnitude that the Contractor's ability to complete the Work by the scheduled Time for Completion or the Contract Completion Date is brought into question;
(2) The CPM schedule sorted by early finish shows the Contractor to be thirty (30) or more days behind the critical path schedule at any time during construction up to thirty (30) days prior to scheduled Substantial Completion date;
(3) The Contractor desires to make changes in the logic (sequencing of Work) or the planned duration of future activities of the CPM schedule which, in the opinion of the Architect/Engineer or the Owner, are of a major nature. The plan of action and recovery schedule, when required, shall explain and display how the Contractor intends to regain compliance with the current accepted, fully completed, Project CPM schedule, as updated by approved change orders. The plan of action, when required, shall be submitted to the Owner for review within two (2) business days of the Contractor receiving the Owner's written demand. The recovery schedule, when required, shall be submitted to the Owner within five (5) calendar days of the Contractor's receiving the Owner's written demand.