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.¢e
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. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays
attrioutable 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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