19.
20.
C-1.15
and ascertaining the actual damages the Owner would in such event sustain. Said amount
is agreed to be the amount of damages which the Owner would sustain and said amount
shall be deducted from time to time by the owner from current periodical payments.
18.5 It is further agreed that “time is of the essence” of each and every portion of this
contract and of the specifications wherein a definite and certain length of time is fixed for
the performance of any act whatsoever; and where under the contract an additional time
is allowed for the completion of any work, the new time limit fixed by such extension
shall “be of the essence‘. Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the Contractor is
without fault and the Contractor's reasons for the time extension are acceptable to the
Owner; provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in the completion of the work is due to:
a. A preference, priority or allocation order duly issued by the government;
b. An unforeseeable cause beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God, or of the
public enemy, acts of the Owner, acts of another Contractor in the performance of
a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and severe weather;
c. Any delays of Subcontractors or suppliers occasioned by any of the causes
specified in subsections (a) and (b) of this article:
18.6 The Contractor shall promptly notify the Owner in writing of the causes of the
delay. The Owner shall ascertain the facts and extent of the delay and notify the
Contractor within a reasonable time of his decision in the matter.
Defective Work. Defective work shall be processed as follows:
19.1. The Contractor shall promptly remove from the premises all materials and work
condemned by the Engineer as failing to meet contract requirements, whether
incorporated in the work or not, and the Contractor shall promptly replace and re-execute
his own work in accordance with the contract and without expense to the Owner and shall
bear the expense of making good all work of other Contractors which was destroyed or
damaged by such removal or replacement.
19.2. All removal and replacement work shall be done at the Contractor's expense. If
the Contractor does not take action to remove such condemned work and materials within
10 days after receipt of written notice, the Owner may remove them and store the
material at the expense of the Contractor. If the Contractor does not pay the expense of
such removal and storage within 10 days time thereafter, the Owner may, upon 10 days
written notice, sell such materials at auction or at private sale and shall pay to the
Contractor any net proceeds thereof, after deducting all the costs and expenses that
should have been borne by the Contractor.
Differing Site Conditions. Claims for differing site conditions shall be processed as
follows:
20.1 The Contractor shall promptly and before such conditions are disturbed, notify the
Engineer in writing of:
