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Agenda - Council - 06/27/2017
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Agenda - Council - 06/27/2017
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Meetings
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Agenda
Meeting Type
Council
Document Date
06/27/2017
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2. Proposed adjustments in the Progress Schedule that will change the Contract Times <br />shall be submitted in accordance with the requirements of Article 11. <br />B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes <br />or disagreements with Owner. No Work shall be delayed or postponed pending resolution <br />of any disputes or disagreements, or during any appeal process, except as permitted by <br />Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. <br />4.05 Delays in Contractor's Progress <br />A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or <br />interferes with the performance or progress of the Work, then Contractor shall be entitled <br />to an equitable adjustment in the Contract Times and Contract Price. Contractor's <br />entitlement to an adjustment of the Contract Times is conditioned on such adjustment <br />being essential to Contractor's ability to complete the Work within the Contract Times. <br />B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for <br />delay, disruption, or interference caused by or within the control of Contractor. Delay, <br />disruption, and interference attributable to and within the control of a Subcontractor or <br />Supplier shall be deemed to be within the control of Contractor. <br />C. If Contractor's performance or progress is delayed, disrupted, or interfered with by <br />unanticipated causes not the fault of and beyond the control of Owner, Contractor, and <br />those for which they are responsible, then Contractor shall be entitled to an equitable <br />adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract <br />Times is conditioned on such adjustment being essential to Contractor's ability to complete <br />the Work within the Contract Times. Such an adjustment shall be Contractor's sole and <br />exclusive remedy for the delays, disruption, and interference described in this paragraph. <br />Causes of delay, disruption, or interference that may give rise to an adjustment in Contract <br />Times under this paragraph include but are not limited to the following: <br />1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and <br />earthquakes; <br />2. abnormal weather conditions; <br />3. acts or failures to act of utility owners (other than those performing other work at or <br />adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); <br />and <br />4. acts of war or terrorism. <br />D. Delays, disruption, and interference to the performance or progress of the Work resulting <br />from the existence of a differing subsurface or physical condition, an Underground Facility <br />that was not shown or indicated by the Contract Documents, or not shown or indicated <br />with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, <br />are governed by Article 5. <br />E. Paragraph 8.03 governs delays, disruption, and interference to the performance or <br />progress of the Work resulting from the performance of certain other work at or adjacent <br />to the Site. <br />F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for <br />any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or <br />interference caused by or within the control of Contractor. <br />EJCDC® C-700, Standard General Conditions of the Construction Contract. <br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, <br />and American Society of Civil Engineers. All rights reserved. Page 11 of 65 <br />
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