Utility Owner Delay Clause Samples

Utility Owner Delay. 4.5.7.1 Developer shall be entitled to seek compensation under Sections 9.2.2 and 9.2.3 and a time extension under the Contract Documents for a Utility Owner Delay, provided that all of the following conditions have been met: 1. A Qualifying Utility Agreement exists between Developer and the Qualifying Utility Owner; and 2. Developer has established by evidence reasonably satisfactory to the Department that: (a) the subject Utility Adjustment is necessary and Developer has provided a reasonable plan for same to the Qualifying Utility Owner, (b) the time for completion of the Utility Adjustment in the Project Schedule is reasonable, (c) Developer has complied with its obligations to coordinate with the Qualifying Utility Owner under the Contract Documents, including [Section of Division ], (d) Developer has furnished the Qualifying Utility Owner and the Department with sufficient advance notice regarding the potential impact of the Utility Owner Delay, and (e) Developer has pursued all commercially reasonable options to avoid the Utility Owner Delay, including the enforcement of any rights that Developer may have against the Qualifying Utility Owner under the Qualifying Utility Agreement. 4.5.7.2 Notwithstanding the provisions in this Section 4.5.7, Developer shall not be entitled to any relief relating to a Utility Owner Delay for the following: 1. Extra Work Costs. 2. Delay Costs of any kind. 3. Utility Owner Delays that could have been mitigated by Developer through reasonable efforts.