Common use of TIME AND PROGRESS Clause in Contracts

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failure. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failure. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failure. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. 31A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A subclause 34.9 or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failureunenforceable. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause 34.9 and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'replace with:

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A subclause 34.9 or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: : (a) a delay caused by a compensable cause; nor nor (b) a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failureunenforceable. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause 34.9 and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'replace with:

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failure. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. 31A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – which has already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: : (a) a delay caused by a compensable cause; nor nor (b) a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failureunenforceable. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. 31A. Nothing in this clause 34A shall oblige the Principal to pay extra costs for delay – – (a) which has have already been included in the value of a variation or any other payment under the Contract; ; (b) caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable cause; ; (c) to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'

TIME AND PROGRESS. Delete '28 days' from paragraph (b) of subclause 34.3 and replace with '10 business days'. Delete the first paragraph of subclause 34.4 and replace with: 'To the extent that delays caused by qualifying causes of delay overlap with delays caused by other causes of delay, the Contractor shall not be entitled to an EOT.' Insert the following at the end of subclause 34.4: 'To avoid doubt, all EOTs shall be claimed and granted in working days.' Delete the existing text of subclause 34.5 and replace with: 'Within 20 business days after receiving the Contractor's claim for an EOT, the Superintendent shall give to the Contractor and the Principal Purchaser a written direction evidencing the EOT so assessed. Notwithstanding that the Contractor is not entitled to or has not claimed an EOT, the Superintendent may at any time and from time to time before issuing the final certificate, in its absolute discretion and without any obligation to do so for the benefit of the Contractor, direct an EOT. The Contractor shall not be entitled to any monetary compensation (whether under clause 34A or otherwise) in connection with an EOT granted by the Superintendent pursuant to this paragraph. Neither: a delay caused by a compensable cause; nor a failure by the Superintendent to grant a reasonable EOT or to do so within the time required under subclause 34.5, will set the date for practical completion at large or render subclause 34.7 unenforceable and the legal principle known as the 'prevention principle' shall not apply to such a delay or failureunenforceable. Nothing in subclause 34.5 shall affect the Contractor's right to damages for a breach of contract.' Delete subclause 34.9. Insert a new clause 34A as follows: For every working day the subject of an EOT for a compensable cause and for which the Contractor gives the Superintendent a claim for delay costs pursuant to subclause 41.1, the Superintendent shall, under subclause 41.3, certify as due and payable to the Contractor, such extra costs as are reasonably and necessarily incurred by the Contractor by reason of the delay up to a maximum per working day of the amount stated in Item 26A. 29A. Nothing in this clause 34A shall oblige the Principal Purchaser to pay extra costs for delay – which has have already been included in the value of a variation or any other payment under the Contract; caused by inclement weather or its effects, even if that inclement weather or those effects would not have delayed the Contractor but for an earlier delay caused by a compensable causecause (except to the extent, if any, that Item 29 provides otherwise); to the extent that the Contractor has failed to take all reasonable steps to mitigate the delay or the extra costs incurred.'