Common use of Responsibility for Delay Clause in Contracts

Responsibility for Delay. In any event that any portion of the Project is delayed and not completed within the timeframe or by the date set forth in the original Project Schedule, and in any event the Project is delayed and not completed by the Date of Completion, the Director shall prepare a report analyzing the causes of each delay and determining responsibility for each. 8.3.1 If a report indicates that the Construction Manager, as a result of its actions or inactions, is responsible for a delay, or any portion thereof, the Director shall deduct from any amount due and owing to the Construction Manager under this Agreement, the total amount of the Construction Manager’s staffing expenses paid to the Construction Manager for each period of delay, or any portion thereof, for which the Director determines the Construction Manager is responsible. 8.3.2 If any amount due and owing to the Construction Manager under this Agreement is less than the total amount of staffing expenses paid to the Construction Manager for the period of a delay, or any portion thereof, for which the Director determines the Construction Manager is responsible, the Construction Manager shall be liable for and agrees to pay the difference upon demand by the Director. 8.3.3 If the Construction Manager files a dispute regarding its responsibility for a delay, or any portion thereof, the Construction Manager is obligated, while the dispute is pending, to continue performing its obligations under this Agreement without delay or interruption, and, if demanded by the Director, to pay upon demand the amount described in the paragraph above. 8.3.4 The following shall have no relevance to a determination by the Director that the Construction Manager is responsible for a delay, or any portion thereof: (a) approval by the Director of any time extension(s) or (b) approval by the Director of any Project Schedule or revision thereof, and (c) both of these. Any such approval(s) by the Director shall not be referred to or offered in evidence by the Construction Manager or its attorneys in any dispute or proceeding regarding the Construction Manager’s responsibility for the delay.