Common use of Unavoidable Delays Clause in Contracts

Unavoidable Delays. An “Unavoidable Delay” is any Delay that is not due to the direct or indirect fault of Contractor, Subcontractor, Sub-subcontractors, Suppliers, or any of their respective agents, employees, or contractors, and that affects the Project’s critical path. Unavoidable Delays include: (i) Delays caused by Owner and Owner’s employees and agents, or by Owner’s Separate Contractors; (ii) Delays caused by Force Majeure that in fact adversely impact the Project in a manner that could not have been avoided by rescheduling or by implementing protective measures; (iii) Delays caused by any differing Site conditions in accordance with Section 10.3.4 of these General Conditions. If Contractor’s delivery of services or performance of the Work is impacted by an Unavoidable Delay, Contractor’s sole remedy shall be an equitable extension to time and a Claim for documented increases to on-Site general conditions costs; provided, however, in each instance Contractor must first meet the notice provisions and other conditions of the Contract Documents, including Section 12.1 of these General Conditions. Notwithstanding the foregoing, Contractor shall not be granted relief: (i) due to Contractor’s financial inability to perform; (ii) unless a Delay is an Unavoidable Delay and affects the Project’s or phase’s critical path as set forth in the applicable Construction Schedule, and then only to the extent such critical path is affected; or (iii) if a Delay would have resulted because of Contractor’s concurrent Avoidable Delay, notwithstanding the existence of an Unavoidable Delay.

Unavoidable Delays. An “Unavoidable Delay” is any Delay that is not due to the direct or indirect fault of Contractor, Subcontractor, Sub-subcontractors, Suppliers, or any of their respective agents, employees, or contractors, and that affects the Project’s critical path. Unavoidable Delays include: (i) Delays caused by Owner and Owner’s employees and agents, or by Owner’s Separate Contractors; (ii) Delays caused by Force Majeure that in fact adversely impact the Project in a manner that could not have been avoided by rescheduling or by implementing protective measures; (iii) Delays caused by any differing Site conditions in accordance with Section 10.3.4 of these General Conditions. SAMPLE If Contractor’s delivery of services or performance of the Work is impacted by an Unavoidable Delay, Contractor’s sole remedy shall be an equitable extension to time [and a Claim for documented increases to on-Site general conditions costs]; provided, however, in each instance Contractor must first meet the notice provisions and other conditions of the Contract Documents, including Section 12.1 of these General Conditions. Notwithstanding the foregoing, Contractor shall not be granted relief: (i) due to Contractor’s financial inability to perform; (ii) unless a Delay is an Unavoidable Delay and affects the Project’s or phase’s critical path as set forth in the applicable Construction Schedule, and then only to the extent such critical path is affected; or (iii) if a Delay would have resulted because of Contractor’s concurrent Avoidable Delay, notwithstanding the existence of an Unavoidable Delay.

Unavoidable Delays. An “Unavoidable Delay” is any Delay that is not due to the direct or indirect fault of Contractor, Subcontractor, Sub-subcontractors, Suppliers, or any of their respective agents, employees, or contractors, and that affects the Project’s critical path. Unavoidable Delays include: (i) Delays caused by Owner and Owner’s employees and agents, or by Owner’s Separate Contractors; (ii) Delays caused by Force Majeure that in fact adversely impact the Project in a manner that could not have been avoided by rescheduling or by implementing protective measures; (iii) Delays caused by any differing Site conditions in accordance with Section 10.3.4 of these General Conditions. If Contractor’s delivery of services or performance of the Work is impacted by an Unavoidable Delay, Contractor’s sole remedy shall be an equitable extension to time [and a Claim for documented increases to on-Site general conditions costs]; provided, however, in each instance Contractor must first meet the notice provisions and other conditions of the Contract Documents, including Section 12.1 of these General Conditions. Notwithstanding the foregoing, Contractor shall not be granted relief: (i) due to Contractor’s financial inability to perform; (ii) unless a Delay is an Unavoidable Delay and affects the Project’s or phase’s critical path as set forth in the applicable Construction Schedule, and then only to the extent such critical path is affected; or (iii) if a Delay would have resulted because of Contractor’s concurrent Avoidable Delay, notwithstanding the existence of an Unavoidable Delay.