8.1. SR 06-03-2019 - Laserfiche WebLink

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W WASTE MANAGEMENT Substantial Completion due to any delay for which Contractor, any Subcontractor,or other person for whom Contractor is responsible is at fault. 8.3 Delays and Extensions of Time 8.3.1 Contractor may request an extension of Contract Time for any critical delay to the performance of Work caused by Force Majeure, any Change, or an act or omission of Owner or a Separate Contractor in accordance with this Article. 8.3.2 Any Claim for extending or shortening the Contract Time shall be asserted by written notice promptly delivered by the Party making the Claim to the other Party. The Claim shall describe in detail the occurrence generating the Claim, and include a description of the probable effect on progress of the Work. For Claims where Contract Documents require critical path method schedules, Contractor shall provide a revised critical path method schedule illustrating the impact of the delay on the overall Construction Schedule based on a time impact analysis. 8.3.3 Claims for extensions of time will be considered if a written notice of Claim is provided to Owner by Contractor within fourteen (14) Days of the start of the event giving rise to the Claim, as further provided in Article 15. Any failure by Contractor to give timely notice of its Claim for additional time shall be a waiver of the Claim. 8.3.4 The notice shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant is entitled as a result of the occurrence of said event. When the Parties cannot agree, Claims for adjustment in the Contract Time shall be determined by Owner's Authorized Representative in accordance with Article 15. The decision of the Owner's Authorized Representative shall be final and determinative unless and until the Contractor invokes the procedures of Article 15. 8.4 Liquidated and Actual Damages for Delay. 8.4.1 Contractor acknowledges and agrees that in the event Contractor fails to achieve Substantial Completion of any interim milestone specified in the Agreement or the Work within the allotted times, as adjusted by any Amendments, Owner will suffer damages that are difficult to predict or calculate with certainty as of the Effective Date. 8.4.2 Contractor therefore agrees that Owner may deduct from amounts otherwise due under the Agreement, as liquidated damages and not as a penalty, the sum specified in the Agreement for each Day Contractor fails to achieve any specified interim milestone and Substantial Completion within the allotted Contract Time, as extended by any Amendments. The liquidated damage amounts stated in the Agreement liquidate only Owner's cost for extended on-site representation by Owner's Authorized Representative, Design Professional, CQA Consultant, other quality assurance and control inspectors who must be present when Work is performed and their delegates, if any. The liquidated damage amounts do not liquidate the actual damages (e.g. lost revenues, increased disposal costs) Owner will suffer in the event Owner is forced to stop operating the facility at the Site where the Work is to be performed due to Contractor caused delay. 8.4.3 Owner hereby reserves the right to recover actual damages from Contractor, in addition to the liquidated damages specified above, should Owner be forced to stop operating the facility at the Site where the Work is to be performed or suffer lost revenues due to Contractor caused delay in completion of any interim milestone or in achieving Substantial Completion. ARTICLE 9 Payments and Completion 9.1 Unit Price Work 9.1.1 Where the Agreement provides that all or part of the Work is based on Unit Prices, initially the Contract Price will include, for all Unit Price Work, an amount equal to the sum of the established Unit Prices for each separately identified item of Unit Price Work, multiplied by the estimated quantity of each item listed in the Agreement. 27 Jun-17 Ver.2.0