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41 <br /> 29 <br /> 12.5 If the Design-Builder submits a construction schedule, progress report, or any other <br /> document that indicates or otherwise expresses an intention to achieve completion of the Work <br /> prior to any Completion Date required by the Contract Documents or prior to expiration of the <br /> Contract Time, no liability of the Owner to the Design-Builder for any failure of the Design- <br /> Builder to so complete the Work shall be created or implied. <br /> 12.6 If the Design-Builder, for reasons beyond the Design-Builder's control, is delayed in <br /> beginning any activity, the Design-Builder shall, nevertheless, have the same number of days as <br /> is shown in the Contract Construction Schedule for the activity, and the affected activity and any <br /> succeeding activity that is dependent upon that activity shall be adjusted accordingly; provided <br /> that at any time the Owner, by means of a Change Order, may require the Design-Builder to <br /> work overtime, to increase labor forces or to take any necessary or appropriate action to <br /> decrease the time required for any activity, and the Design-Builder shall be entitled to an <br /> adjustment in the Contract Price computed in accordance with Article 14 of these <br /> Supplementary Conditions. <br /> 12.7 At any time, the Owner may order the Design-Builder, on seven (7) days written notice, to <br /> begin any activity earlier than the starting date shown on the Contract Construction Schedule. <br /> 12.8 Should the Design-Builder fail to start any activity on the start date shown in the Contract <br /> Construction Schedule or as it may have been adjusted in accordance with paragraphs 12.5 or <br /> 12.6 above, or become delayed, the Design-Builder shall, without being entitled to any increase <br /> in the Contract Price or other compensation, work overtime, increase labor forces or take such <br /> other action as may be necessary or appropriate to complete the activity by the Completion <br /> Date shown on the Contract Construction Schedule, or as such Completion Date may have <br /> been adjusted. <br /> 12.9 The Owner's Authorized Representative or its Construction Consultant shall monitor <br /> progress of the work at all times and the Design-Builder shall cooperate with such monitoring <br /> and provide any and all information with respect to the progress of the Work and scheduling as <br /> the Owner may reasonably require. <br /> 12.10 On a monthly basis, the Design-Builder shall revise the Contract Construction Schedule, <br /> showing any adjustments made in accordance with paragraphs 12.5 or 12.6, above, by any <br /> Change Order, the progress of the Work, and any days gained or days lost with respect to any <br /> activity, and shall furnish copies, both paper and electronic, thereof to the Owner's Authorized <br /> Representative. <br /> 12.11 Should any monthly revision of any Contract Construction Schedule show that the <br /> Design-Builder is behind on any activity, the late completion of which could delay Substantial <br /> Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment <br /> due the Design-Builder an amount not exceeding the amount the Owner would be entitled to in <br /> Liquidated Damages, should Substantial Completion be delayed by the same number of days <br /> that the Design-Builder is currently behind schedule. If, subsequently, the Design-Builder's <br /> progress, as shown by any succeeding monthly revision to the Contract Construction Schedule, <br /> is such that the anticipated delay no longer exists, the Owner shall pay with the Progress <br /> Payment next due to the Design-Builder such amounts as have been withheld in accordance <br /> with this paragraph. <br /> Revised 2/17 <br />