Utility Delays Clause Samples

Utility Delays. The DB Contractor shall not be entitled to any extension of any completion deadline caused by delays attributable to Utilities unless all of the following conditions are satisfied:

Utility Delays. Contractor shall not be entitled to claim relief for a Utility Delay unless all of the following conditions are satisfied: (a) Contractor has provided evidence reasonably satisfactory to VPRA that (i) Contractor has fulfilled its obligation under the applicable Utility Agreement(s) to coordinate with the Utility Owner to prevent or reduce the delays, and (ii) Contractor has otherwise made diligent efforts to obtain the timely cooperation of the Utility Owner but has been unable to obtain this timely cooperation; (b) if Contractor is responsible for the Relocation, Contractor has provided a reasonable Relocation Plan to the Utility Owner and Contractor has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, options, and/or rulings required by any Governmental Approval or Law to design and construct the Relocation; and (c) no circumstances exist that have delayed or are delaying the affected Relocation that are attributable to Contractor, other than those that fit within the definition of a Utility Delay. Contractor shall provide an explanation and details demonstrating compliance with the above- stated conditions in the Request for Change Order submitted as provided in Section 14.4 of these General Terms and Conditions.

Utility Delays. ‌ The DB Contractor shall not be entitled to any extension of any completion deadline caused by delays attributable to Utilities unless all of the following conditions are satisfied: 1. The Contractor has provided evidence reasonably satisfactory to the District that: (i) the Contractor has fulfilled its obligation under the applicable Utility Agreement(s) to coordinate with the Utility Company to prevent or reduce such delays; and (ii) the Contractor has otherwise made diligent efforts to obtain the timely cooperation of the Utility Company but has been unable to obtain such timely cooperation. 2. If the Contractor is responsible for the Relocation, the Contractor has provided a reasonable Relocation plan to the Utility Company and the Contractor has obtained, or is in a position to timely obtain, all applicable approvals, authorizations, certifications, consents, exemptions, filings, leases, licenses, permits, registrations, options, and/or rulings required by or with any Governmental Person in order to design and construct such Relocations. 3. No circumstances exist which have delayed or are delaying the affected Relocation, other than those which fit within the definition of a Utility Delay.

Utility Delays. The Contractor shall notify the Engineer upon becoming aware that a Utility owner is not advancing the work in accordance with the approved utility schedule. Such notice shall be provided to the Engineer no later than seven (7) calendar days after the occurrence of the event that the Contractor believes to be a utility delay. After such notice, the Engineer and the Contractor shall continue to diligently seek the Utility Owner’s cooperation in performing their scope of Work. In order to demonstrate that a critical path delay has been caused by a third-party Utility, the Contractor must demonstrate, through the requirements of the monthly Progress Schedule submissions and the supporting contract records associated with Subsection 8.02, 8.10 and 8.14, that the delays were beyond the control of the Contractor.