Common use of TIME AND DELAY Clause in Contracts

TIME AND DELAY. 9.1 The CM@Risk and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones for Substantial and Final Completion, in compliance with all contractual time requirements. 9.2 Time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 Failure of the CM@Risk to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in the Agreement. The per diem amount for Liquidated Damages provided for in the Agreement shall be paid for each and every calendar day that the CM@Risk is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem amount is fixed and agreed upon by and between the CM@Risk and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 If CM@Risk is delayed in the performance of the Work, and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s control or prevention and due to no legal fault of its own or those for whom CM@Risk is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including separate contractors hired by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN (7)” IN PLACE OF “XXXX (XX)”.] 9.5 The CM@Risk has included a specified number of days of weather related delays within the CPM Schedule which the Owner has approved and that number of days is incorporated herein by reference. If the Project experiences weather-related delays beyond the contractually specified number of weather days, the CM@Risk shall be entitled to a commensurate extension of time. [OR]

TIME AND DELAY. 9.1 ‌ 10.1 The CM@Risk Contractor and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk Contractor agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones Milestones for Substantial and Final Completion, Completion in compliance with all contractual time requirements. 9.2 Time 10.2 It also is agreed that time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 10.3 Failure of the CM@Risk Contractor to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in required by the Agreement. The per diem day amount for Liquidated Damages provided for in the Agreement project-specific Job Order shall be paid for each and every calendar day that the CM@Risk Contractor is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem day amount is fixed and agreed upon by and between the CM@Risk Contractor and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 10.4 If CM@Risk the Contractor is delayed in the performance of the Work, Work and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s its reasonable control or prevention and due to no legal fault of its own or those for whom CM@Risk Contractor is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, Work shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk Contractor to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including changes made by separate contractors hired in the Work by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. 10.5 Notice of any delay in performance of the Work which Contractor attributes to the Owner shall be made by Contractor in writing to the Design Professional and Owner immediately but in no event later than twenty-four (24) hours after discovery of the event giving rise to the delay. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN The Contractor shall then provide additional details concerning the delay in writing to the Design Professional and the Owner within seven (7)” IN PLACE OF “XXXX ) calendar days from the delay notice. Failure to satisfy each of these time requirements shall absolutely bar any and all later delay claims. The detailed notice shall indicate the cause of the delay, and the anticipated length of the delay in reasonable detail, the probable effect of such delay upon the progress and Cost of the Work, and possible mitigation plans. If the cause of the delay is continuing, the Contractor must give written notice every month at the same time it submits the updated progress Narrative Report to the DP. 10.6 Within fifteen (XX)”.] 9.5 15) calendar days after the elimination of any such delay, the Contractor shall, unless the time is extended and contract signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The CM@Risk has included a specified written request for time extension shall state the cause of the delay, the number of days of weather related delays within extension requested and the CPM Schedule which compensation sought and provide a fully documented analysis of the Owner has approved critical path schedule, including a fragnet and that number any other data demonstrating a delay in the critical path of days is incorporated herein by referencethe Work or individual milestone or the overall Project completion. If the Project experiences weather-related delays beyond Contractor does not timely comply with the contractually specified number of weather daysnotice and documentation requirements set forth in this Section, the CM@Risk Contractor’s claim for delay is barred. 10.7 In the event the Contractor gives notice to the Owner of compensable delay alleging that the Owner is responsible for the delay as to which the notice was given and the delay is unreasonable under the circumstances and was not within the contemplation of the Owner and Contractor when they entered into the project-specific Job Order, the Owner will enter into negotiations with Contractor as to Contractor’s damages, if any. 10.8 It is agreed that no time extensions shall be entitled to a commensurate extension granted nor delay damages paid unless the delay is clearly demonstrated by the updated Construction Schedule current as of timethe month the change was issued or the delay occurred and which delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of work or other reasonable means. [OR]SECTION 11 CHANGES TO CONTRACT SCOPE, PRICE, TIME AND TERMS‌

TIME AND DELAY. 9.1 The CM@Risk and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones Milestones for Substantial and Final Completion, Completion in compliance with all contractual time requirements. 9.2 Time It also is agreed that time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 Failure of the CM@Risk to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in required by the Agreement. The per diem amount for Liquidated Damages provided for in the Agreement shall be paid for each and every calendar day that the CM@Risk is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem amount is fixed and agreed upon by and between the CM@Risk and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 If CM@Risk is delayed in the performance of the Work, Work and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, Schedule due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s its reasonable control or prevention and due to no legal fault of its own or those for whom CM@Risk is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, Work shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including changes made by separate contractors hired in the Work by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN (7)” IN PLACE OF “XXXX (XX)”.] 9.5 The CM@Risk has included a specified number of days of weather related delays within the CPM Schedule which the Owner has approved and that number of days is incorporated herein by reference. If the Project experiences weather-related delays beyond the contractually specified number of weather days, the CM@Risk shall be entitled to a commensurate extension of time. [OR]

TIME AND DELAY. 9.1 10.1 The CM@Risk Contractor and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk Contractor agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones Milestones for Substantial and Final Completion, Completion in compliance with all contractual time requirements. 9.2 Time 10.2 It also is agreed that time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 10.3 Failure of the CM@Risk Contractor to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in required by the Agreement. The per diem day amount for Liquidated Damages provided for in the Agreement shall be paid for each and every calendar day that the CM@Risk Contractor is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem day amount is fixed and agreed upon by and between the CM@Risk Contractor and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 10.4 If CM@Risk the Contractor is delayed in the performance of the Work, Work and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s its reasonable control or prevention and due to no legal fault of its own or those for whom CM@Risk Contractor is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, Work shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk Contractor to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including changes made by separate contractors hired in the Work by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. 10.5 Notice of any delay in performance of the Work which Contractor attributes to the Owner shall be made by Contractor in writing to the Design Professional and Owner immediately but in no event later than 24 hours after discovery of the event giving rise to the delay. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN The Contractor shall then provide additional details concerning the delay in writing to the Design Professional and the Owner within seven (7)” IN PLACE OF “XXXX ) calendar days from the delay notice. Failure to satisfy each of these time requirements shall absolutely bar any and all later delay claims. The detailed notice shall indicate the cause of the delay, and the anticipated length of the delay in reasonable detail, the probable effect of such delay upon the progress and Cost of the Work, and possible mitigation plans. If the cause of the delay is continuing, the Contractor must give written notice every month at the same time it submits the updated progress Narrative Report to the DP. 10.6 Within fifteen (XX)”.] 9.5 15) calendar days after the elimination of any such delay, the Contractor shall, unless the time is extended and contract signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The CM@Risk has included a specified written request for time extension shall state the cause of the delay, the number of days of weather related delays within extension requested and the CPM Schedule which compensation sought and provide a fully documented analysis of the Owner has approved critical path schedule, including a “fragnet” and that any other data demonstrating a delay in the critical path of the Work or individual milestone or the overall Project completion. If the Contractor does not timely comply with the notice and documentation requirements set forth in this Section 9.8, the Contractor’s claim for delay is barred. 10.7 Within fifteen (15) calendar days after the elimination of any such delay, the Contractor shall, unless the time is extended and contract signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The written request for time extension shall state the cause of the delay, the number of days is incorporated herein by referenceof extension requested and the compensation sought and provide a fully documented analysis of the critical path schedule, including a “fragnet” and any other data demonstrating a delay in the critical path of the Work or individual milestone or the overall Project completion. If the Project experiences weather-related delays beyond Contractor does not timely comply with the contractually specified number of weather daysnotice and documentation requirements set forth in this Section 10.7, the CM@Risk Contractor’s claim for delay is barred. 10.8 In the event the Contractor gives notice to the Owner of compensable delay alleging that the Owner is responsible for the delay as to which the notice was given and the delay is unreasonable under the circumstances and was not within the contemplation of the Owner and Contractor when they entered into the Agreement, the Owner will enter into negotiations with Contractor as to Contractor’s damages, if any. 10.9 The parties hereby agree that if the Contractor submits an original or updated schedule which shows the project and/or individual Milestone(s) completing earlier than required by the adjusted contractual completion date(s), the differences between the forecasted early completion and the required completion shall be entitled to a commensurate extension considered Project-owned float available for use by both the Owner and the Contractor. 10.9.1 It is agreed that no time extensions shall be granted nor delay damages paid unless the delay is clearly demonstrated by the updated Construction Schedule current as of time. [OR]the month the change was issued or the delay occurred and which delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of work or other reasonable means.

TIME AND DELAY. 9.1 The CM@Risk and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones for Substantial and Final Completion, in compliance with all contractual time requirements. 9.2 Time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 Failure of the CM@Risk to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in the Agreement. The per diem amount for Liquidated Damages provided for in the Agreement shall be paid for each and every calendar day that the CM@Risk is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem amount is fixed and agreed upon by and between the CM@Risk and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 If CM@Risk is delayed in the performance of the Work, and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s control or prevention and due to no legal fault of its own or those for whom CM@Risk is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including separate contractors hired by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, epidemics and pandemics, unusual delay in transportation transportation, verifiable supply chain disruptions, materials shortages, and unusually adverse weather conditions. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN (7)” IN PLACE OF “XXXX (XX)”.] 9.5 The CM@Risk has included a specified number of days of weather weather-related delays within the CPM Schedule which the Owner has approved and that number of days is incorporated herein by reference. If the Project experiences weather-related delays beyond the contractually specified number of weather days, the CM@Risk shall be entitled to a commensurate extension of time. 9.6 CM@Risk shall be entitled to an appropriate adjustment of its GMP for extended Construction General Conditions resulting from events giving rise to an extension of the CPM Schedule pursuant to Section 9.4 of these General Conditions and upon proof of the actual, direct additional cost to the CM@Risk for such delays. 9.7 Notice of any delay in performance of the Work which CM@Risk attributes to the Owner must be made by CM@Risk in writing to the Design Professional and Owner promptly but in no event later than five (5) days after discovery of the event giving rise to the delay. [OR]The CM@Risk shall then provide additional details concerning the delay in writing to the Design Professional and the Owner within ten (10) calendar days from the delay notice. Failure to satisfy each of these time requirements shall absolutely bar any and all later delay claims. The detailed notice shall identify the cause of the delay, and the anticipated length of the delay in reasonable detail, the probable effect of such delay upon the progress and Cost of the Work, and possible mitigation plans. If the cause of the delay is ongoing, the CM@Risk must give further detailed notice every month at the same time it submits the updated Project Status Report to the Design Professional. 9.8 Within fifteen (15) calendar days after the elimination of any such delay, the CM@Risk shall, unless the time is extended by an appropriate change order or amendment signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The written request for time extension shall state the cause of the delay, the number of days of extension requested and the compensation sought and provide a fully documented analysis of the critical path schedule, including a “fragnet” and any other data demonstrating a delay in the critical path of the Work or individual milestone or the overall Project completion. If the CM@Risk does not timely comply with the notice and documentation requirements set forth in this Section 9.8, the CM@Risk’s claim for delay is barred.

TIME AND DELAY. 9.1 10.1 The CM@Risk Contractor and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk Contractor agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones Milestones for Substantial and Final Completion, Completion in compliance with all contractual time requirements. 9.2 Time 10.2 It also is agreed that time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 10.3 Failure of the CM@Risk Contractor to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in required by the Agreement. The per diem day amount for Liquidated Damages provided for in the Agreement project-specific Job Order shall be paid for each and every calendar day that the CM@Risk Contractor is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem day amount is fixed and agreed upon by and between the CM@Risk Contractor and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 10.4 If CM@Risk the Contractor is delayed in the performance of the Work, Work and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s its reasonable control or prevention and due to no legal fault of its own or those for whom CM@Risk Contractor is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, Work shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk Contractor to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including changes made by separate contractors hired in the Work by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. 10.5 Notice of any delay in performance of the Work which Contractor attributes to the Owner shall be made by Contractor in writing to the Design Professional and Owner immediately but in no event later than 24 hours after discovery of the event giving rise to the delay. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN The Contractor shall then provide additional details concerning the delay in writing to the Design Professional and the Owner within seven (7)” IN PLACE OF “XXXX ) calendar days from the delay notice. Failure to satisfy each of these time requirements shall absolutely bar any and all later delay claims. The detailed notice shall indicate the cause of the delay, and the anticipated length of the delay in reasonable detail, the probable effect of such delay upon the progress and Cost of the Work, and possible mitigation plans. If the cause of the delay is continuing, the Contractor must give written notice every month at the same time it submits the updated progress Narrative Report to the DP. 10.6 Within fifteen (XX)”.] 9.5 15) calendar days after the elimination of any such delay, the Contractor shall, unless the time is extended and contract signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The CM@Risk has included a specified written request for time extension shall state the cause of the delay, the number of days of weather related delays within extension requested and the CPM Schedule which compensation sought and provide a fully documented analysis of the Owner has approved critical path schedule, including a “fragnet” and that number any other data demonstrating a delay in the critical path of days is incorporated herein by referencethe Work or individual milestone or the overall Project completion. If the Project experiences weather-related delays beyond Contractor does not timely comply with the contractually specified number of weather daysnotice and documentation requirements set forth in this Section 10.6, the CM@Risk Contractor’s claim for delay is barred. 10.7 In the event the Contractor gives notice to the Owner of compensable delay alleging that the Owner is responsible for the delay as to which the notice was given and the delay is unreasonable under the circumstances and was not within the contemplation of the Owner and Contractor when they entered into the project-specific Job Order, the Owner will enter into negotiations with Contractor as to Contractor’s damages, if any. 10.8 It is agreed that no time extensions shall be entitled to a commensurate extension granted nor delay damages paid unless the delay is clearly demonstrated by the updated Construction Schedule current as of time. [OR]the month the change was issued or the delay occurred and which delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of work or other reasonable means.

TIME AND DELAY. 9.1 ‌ 10.1 The CM@Risk Contractor and Owner both recognize and acknowledge that any time limits set forth in the Contract Documents for performance are of the essence of this Agreement. CM@Risk Contractor agrees that it will commence performance of the Work, achieve Substantial and Final Completion of the Work, and achieve any interim milestones Milestones for Substantial and Final Completion, Completion in compliance with all contractual time requirements. 9.2 Time 10.2 It also is agreed that time is of the essence of each and every part of the Contract Documents and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act or activity whatsoever. Where, under the Contract Documents additional time is allowed for the completion of any Work, the new time limit fixed by such extension shall also be of the essence of this Agreement. 9.3 10.3 Failure of the CM@Risk Contractor to achieve the completion dates for Substantial or Final Completion set forth in the Agreement will result in the assessment of Liquidated Damages as provided in required by the Agreement. The per diem day amount for Liquidated Damages provided for in the Agreement project-specific Job Order shall be paid for each and every calendar day that the CM@Risk Contractor is not in full compliance with the time(s) stipulated in the Agreement for completing the Work. The Liquidated Damages per diem day amount is fixed and agreed upon by and between the CM@Risk Contractor and Owner because of the impracticality and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. Any such sums may be withheld by the Owner from Final Payment due hereunder or from retainage. 9.4 10.4 If CM@Risk the Contractor is delayed in the performance of the Work, Work and such delay actually and directly delays a timely achievement of a critical path activity, element or component, based upon an analysis of the current CPM Schedule, due to acts, omissions, conditions, events, or circumstances beyond CM@Risk’s its reasonable control or prevention and due to no legal fault of its own or those for whom CM@Risk Contractor is responsible under the terms of the Contract Documents, the time for Substantial Completion of the Work, and to the extent applicable, any interim milestones or Substantial Completion dates for portions of the Work, Work shall be extended by written amendment or change order for the amount of time attributable to such events or circumstances. By way of example only, such acts, omissions, conditions, events, and circumstances which would entitle CM@Risk Contractor to an extension of the Contract Time(s), include acts or omissions of Owner, or anyone under Owner’s control, including changes made by separate contractors hired in the Work by Owner, unforeseeable Project Site conditions, wars, floods, labor disputes, unusual delay in transportation and unusually adverse weather conditions. 10.5 Notice of any delay in performance of the Work which Contractor attributes to the Owner shall be made by Contractor in writing to the Design Professional and Owner immediately but in no event later than 24 hours after discovery of the event giving rise to the delay. [INSTRUCTION TO DRAFTER FOR 9.5 – CHOOSE ONE OF THE SETS OF LANGUAGE BELOW. IF USING SECOND SET, INSERT # DAYS IN WORDS AND FIGURES, E.G.., “SEVEN The Contractor shall then provide additional details concerning the delay in writing to the Design Professional and the Owner within seven (7)” IN PLACE OF “XXXX ) calendar days from the delay notice. Failure to satisfy each of these time requirements shall absolutely bar any and all later delay claims. The detailed notice shall indicate the cause of the delay, and the anticipated length of the delay in reasonable detail, the probable effect of such delay upon the progress and Cost of the Work, and possible mitigation plans. If the cause of the delay is continuing, the Contractor must give written notice every month at the same time it submits the updated progress Narrative Report to the DP. 10.6 Within fifteen (XX)”.] 9.5 15) calendar days after the elimination of any such delay, the Contractor shall, unless the time is extended and contract signed by the Owner, submit further documentation concerning the delay and, if appropriate, a formal written request requesting an extension of time for such delay and any compensation sought for the delay. The CM@Risk has included a specified written request for time extension shall state the cause of the delay, the number of days of weather related delays within extension requested and the CPM Schedule which compensation sought and provide a fully documented analysis of the Owner has approved critical path schedule, including a “fragnet” and that number any other data demonstrating a delay in the critical path of days is incorporated herein by referencethe Work or individual milestone or the overall Project completion. If the Project experiences weather-related delays beyond Contractor does not timely comply with the contractually specified number of weather daysnotice and documentation requirements set forth in this Section 10.6, the CM@Risk Contractor’s claim for delay is barred. 10.7 In the event the Contractor gives notice to the Owner of compensable delay alleging that the Owner is responsible for the delay as to which the notice was given and the delay is unreasonable under the circumstances and was not within the contemplation of the Owner and Contractor when they entered into the project-specific Job Order, the Owner will enter into negotiations with Contractor as to Contractor’s damages, if any. 10.8 It is agreed that no time extensions shall be entitled to a commensurate extension granted nor delay damages paid unless the delay is clearly demonstrated by the updated Construction Schedule current as of timethe month the change was issued or the delay occurred and which delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of work or other reasonable means. [OR]SECTION 11 CHANGES TO CONTRACT SCOPE, PRICE, TIME AND TERMS‌