11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee
of five percent of the amount paid to the next lower tier Subcontractor;
d. No fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B;
e. The amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net
decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease; and
f. When both addition and credits are involved in any one change, the adjustment in CONTRACTOR's fee
shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through
12.01.C.2.¢ inclusive.
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. 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
GC - 42 of 54
