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that activity on the Contractor's Construction Schedule. Time is of the essence with respect
<br />to each such activity and Completion Date.
<br />13.5 If the Contractor submits a construction schedule, progress report, or any other document
<br />that indicates or otherwise expresses an intention to achieve completion of the Work prior
<br />to any Completion Date required by the Contract Documents or prior to expiration of the
<br />Contract Time, no liability of the CMAR to the Contractor for any failure of the Contractor to
<br />so complete the Work shall be created or implied.
<br />13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any
<br />activity, the Contractor shall, nevertheless, have the same number of,days as is shown in
<br />the Master Schedule for the activity, and the affected activity and any succeeding activity
<br />that is dependent upon that activity shall be adjusted accordingly; provided that at any time
<br />the CMAR, by means of a Change Order, may require the Contractor to work overtime, to
<br />increase labor forces or to take any necessary or appropriate action to decrease the time
<br />required for any activity, and the Contractor shall be entitled to an adjustment in the
<br />Contract Price computed in accordance with Article 15 of these General Conditions.
<br />13.7 At any time, the CMAR may order the Contractor, on seven (7) days written notice, to begin
<br />any activity earlier than the starting date shown on the Master Schedule.
<br />13.8 Should the Contractor fail to start any activity on the start date shown in the Master
<br />Schedule or as it may have been adjusted in accordance with paragraphs 13.6 or 13.7
<br />above, or become delayed, the Contractor shall, without being entitled to any increase in
<br />the Contract Price or other compensation, work overtime, increase labor forces or take
<br />such other action as may be necessary or appropriate to complete the activity by the
<br />Completion Date shown on the Master Schedule, or as such Completion Date may have
<br />been adjusted.
<br />13.9 The CMAR shall monitor progress of the Work at all times and the Contractor shall
<br />cooperate with such monitoring and provide any and all information with respect to the
<br />progress of the Work and scheduling as the CMAR may reasonably require.
<br />13.10 On a monthly basis, in consultation with the Contractor, the CMAR shall revise the Master
<br />Schedule, showing any adjustments made in accordance with paragraphs 13.6 or 13.7,
<br />above, by any Change Order, the progress of the Work, and any days gained or days lost
<br />with respect to any activity, and shall furnish copies thereof to the Contractor.
<br />13.11 Should any monthly revision of the Master. Schedule show that the Contractor is behind on
<br />any activity, the late completion of which could delay Substantial Completion of the Work,
<br />the CMAR shall be entitled to withhold from the next Progress Payment due the Contractor
<br />an amount sufficient to reimburse the CMAR for any and all delay damages, should
<br />Substantial Completion be delayed by the same number of days that the Contractor is
<br />currently behind schedule. If, subsequently, the Contractor's progress, as shown by any
<br />succeeding monthly revision to the Master Schedule, is such that the anticipated delay no
<br />longer exists, the CMAR shall pay with the Progress Payment next due to the Contractor
<br />such amounts as have been withheld in accordance with this paragraph.
<br />13.12 The CMAR shall have the right to perform Work, hire and employ labor and craftsmen, rent
<br />equipment, subcontract with other parties, or do anything that the CMAR deems necessary
<br />or appropriate to remedy or cure any delay by the Contractor in the progress of the Work.
<br />Such action by the CMAR shall not, in any way, affect, void or limit any warranty, guaranty
<br />or other responsibility of the Contractor under the Contract Documents. Such action may
<br />be taken by the CMAR only after three (3) days written notice to the Contractor. All costs
<br />incurred by the CMAR in taking any such action shall be charged to the Contractor and
<br />deducted from any amounts remaining due under the Agreement.
<br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 27 of 42 JUNE 2007 EDITION
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