Terms of use ("Terms")
Please read these Terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms of Use: ● “Contractor” - A "company or individual with whom an agreement was signed to do business" is called a "contract signatory"; essentially, it refers to any person or entity that signs a contract, signifying their agreement to the Terms and creating a legal obligation to fulfill them.
Delay:
All delays obligated with an additional fee if it applies under the rules below. Additional fee will be calculated by each day which equal $900 per day. This fee will be compensated each day for employees who can not continue the project and will be temporarily suspended from that project and can’t start a new project as to not overlap projects and don’t cost delays with the new project which can be started. What is an excusable delay? An excusable delay is any delay caused by unforeseeable events out of a Contractor’s control. A Contractor is afforded additional time, compensation, or both for an excusable delay. A Contractor cannot be held in default for a delay that is deemed to be excusable. Thus, he is not financially liable for the property owner’s resulting losses. When the delay is excusable, the Contractor is entitled to an extension of time. However, he is not necessarily entitled to additional compensation. That would require the delay to be compensable. For a delay to be compensable, the property owner or Contractor must be responsible for the delay. For example, if there was an error in the construction drawings, and the Contractor’s work is delayed as a result, he would be entitled to additional time and compensation. Essentially, when a delay is excusable, it is simply a non-fault verdict. Neither the Contractor nor the property owner are liable, and neither party is required to pay any additional compensation to the other. When is a delay non-excusable? A delay is non-excusable when it’s the product of the Contractor’s own mistake or negligence. For example, if the Contractor fails to apply for permits in a timely manner, and work on the project is delayed as a result, this would constitute a non-excusable delay. Contractors are also responsible for delays caused by their subContractors. If a subContractor fails to order supplies on time, and an important stage of the project cannot be completed, the Contractor would be in default. It is important to note that a delay can be excusable even if it is not explicitly listed in the contract. Whether or not a delay is excusable is frequently a source of conflict between Contractors and property owners, and the courts are often left to sort things out between the parties. Examples of excusable delays Excusable delays are beyond the control of the Contractor and cannot be attributable to its negligence or wrongdoing. Specific examples include: • Acts of God (Force Majeure Events): Natural disasters (hurricanes, tornadoes, earthquakes, etc.), fires, and floods can make work dangerous or unsafe, forcing the Contractor to put off work. • Delays caused by the owner: For example, if the property owner requests a last-minute change in the design of the project (e.g., wants the building to have a dormer roof instead of a flat roof). • Delays from drawing errors: The Contractor relies on architectural drawings for the design and specifications of the structure. If the drawings are incorrect, work may need to be redone. For example, if the drawings show the incorrect roof pitch, the roof may need to be rebuilt. Examples of excusable delay clauses Generally, events that constitute excusable delays are delineated in a clause within the Contractor agreement. The clause will identify specific events, occurrences, and circumstances that are considered excusable delays, and what the Contractor is entitled to if such a delay occurs. The Federal Acquisition Regulation (FAR) includes a provision that describes how fault and costs are attributed when a Contractor’s work is delayed during a government construction project. Many contracts use similar clauses to define the excusability of different types of delays. This provision states: “(a) Except for defaults of subContractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its Terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. “Default” includes failure to make progress in the work so as to endanger performance. (b) If the failure to perform is caused by the failure of a subContractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subContractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default,- unless- (1) The subcontracted supplies or services were obtainable from other sources; (2) The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source; and (3) The Contractor failed to comply reasonably with this order. (c) Upon request of the Contractor, the Contracting Officer shall ascertain the facts and extent of the failure. If the Contracting Officer determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the Government under the termination clause of this contract.” – FAR 52.249-14