12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by
the party making the claim to the ENGINEER and the other party to the Contract in accordance with the
provisions of paragraph 10.05.
B. Any adjustment of the contract Times (or Milestones) covered by a Change Order or of any Claim for an
adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this
Article 12.
12.03 Delays beyond CONTRACTOR'S Control
A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be
extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided in
paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or
neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
12.04 Delays within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within
the control of CONTRACTOR.
12.05 Delays beyond OWNER's and CONTRACTOR'S Control
A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract
Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and
exclusive remedy for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organization, or to any surety for or employee or agent of any of them, for damages arising
out of or resulting from:
1. Delays caused by or within the control of CONTRACTOR; or
2. Delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, flood,
epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors
performing other work as contemplated by Article 7.
B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER
or anyone from whom OWNER is responsible.
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