Specs

Bridgestone Retail Operations, LLC
PROJECT MANUAL
Version: January 2012
If Contractor fails to maintain the approved schedule, or if the progress performance of the Work or the
procedure employed in the Work is such that, in the judgment of Owner, the Work will not be completed by the time
or times stated in the Contract, Contractor shall, at its own expense, Work such overtime, additional shifts, Saturday,
Sunday and/or holidays, and/or hire additional employees, and/or revise or implement its construction procedure as
may be necessary to restore adherence to such schedule or to ensure such completion. Owner shall not be subject to
any claims, demands, or liability for Contractor’s acceleration damages or costs incurred to keep the Work in
compliance with the Substantial Completion Date.
23. CHANGES IN THE CONTRACT TIME; SUBSTANTIAL COMPLETION DATE.
A. There shall be no changes in the Substantial Completion Date unless a Change Order is executed therefor.
No such Change Order shall be issued unless the Contractor strictly complies with the provisions of this Section 23
and other terms of the Contract.
B. Within five (5) days after the occurrence of an Excusable Event of Delay (as hereinafter defined), the
Contractor shall submit a written notice (the “Delay Notice”) to the Owner properly labeled as a Delay Notice,
which shall contain sufficient information to inform the Owner of the occurrence of an Excusable Event of Delay.
No other form of communication or notice, including, without limitation, schedule updates, monthly reports or
meeting minutes shall satisfy this obligation.
C. Within twenty-one (21) days after the occurrence of an Excusable Event of Delay, the Contractor shall
submit a “Delay Claim.” The Delay Claim shall set forth a detailed explanation for the delay, shall set forth the
Contractor’s plan for restoring the Work to the Progress Schedule and for mitigating any adverse effects of the
projected delay. The Delay Claim shall also indicate the modification requested by the Contractor, if any, of the
Contract Time. Each Delay Claim shall also indicate the reasons that the Contractor considers the delay to
constitute an Excusable Event of Delay as defined below.
D. If the Contractor fails to provide a proper Delay Claim within the twenty-one (21) day period set forth
above, Contractor’s entitlement to an extension of time or additional compensation, if any, shall be barred. If the
Contractor fails to provide a Delay Notice within the five (5) day period set forth above, but provides the Delay
Notice before the expiration of the twenty-one (21) day period within which to file a Delay Claim, the Contractor’s
entitlement to an extension of time, if any, shall be reduced to the extent Owner was prejudiced by the Contractor’s
failure to provide a Delay Notice within such five (5) day period.
E. In the event of a delay to the Work, however caused, the Contractor shall have the right to submit a Delay
Claim to Owner. If the events of delay shall be an Excusable Event of Delay, the Substantial Completion Date shall
be modified by Change Order by the number of days which such events actually caused such dates or schedule to be
extended after taking into consideration of schedule float on the most recent updated Progress Schedule. Except to
the extent set forth in Section 23(F), Contractor shall not be entitled to any increase in the Contract Price or to any
other compensation, fees, reimbursements, profits, damages, losses or costs which may result from, or shall be on
account of any delay, disruption, hindrance or interference however caused, and Contractor waives its rights, if any,
at law or equity to claim any compensation, fees, reimbursements, profits, damages, losses or costs from or against
Owner or any person or entity which may result from or shall be on account of any delay, hindrance or interference,
however caused.
F. If the cumulative amount of all delays due to Excusable Events of Delay is twenty-one (21) days or less,
the Contractor will be granted one or more non-compensable time extensions, subject to the terms and conditions of
this Section 23. During this initial twenty-one (21) day period of aggregate delays due to Excusable Events of
Delays, the Contractor shall bear all its additional expenses and the Owner will bear its additional expenses. If the
cumulative amount of all delays due to Excusable Events of Delays exceeds twenty-one (21) days, the Contractor
shall, in addition to an extension of time, be entitled to receive its actual costs which are demonstrable and directly
related to such Excusable Event of Delay for each day of delay beyond the initial twenty-one (21) day period, but
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