Orange County NC Website
29 <br /> <br />Revised 01/24 <br /> <br />the Contractor’s activities are also shown. The Contractor further represents that the Contractor <br />can and will complete each activity within the time shown for that activity. Time is of the <br />essence with respect to each such activity and Completion Date. <br /> <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 to any <br />Completion Date required by the Contract Documents or prior to expiration of the Contract <br />Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete <br />the Work shall be created or implied. <br /> <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 the <br />Contract Construction Schedule for the activity, and the affected activity and any succeeding <br />activity that is dependent upon that activity shall be adjusted accordingly; provided that at any <br />time the Owner, 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 Contract <br />Price computed in accordance with Article 15 of these General Conditions. <br /> <br />13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to <br />begin any activity earlier than the starting date shown on the Contract Construction Schedule. <br /> <br />13.8 Should the Contractor 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 13.5 or <br />13.6 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 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 /> <br />13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work <br />at all times and the Contractor shall cooperate with such monitoring and provide any and all <br />information with respect to the progress of the Work and scheduling as the Owner may <br />reasonably require. <br /> <br />13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule, <br />showing any adjustments made in accordance with paragraphs 13.5 or 13.6, 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 thereof to the Owner and Designer. <br /> <br />13.11 Should any monthly revision of any Contract Construction Schedule show that the <br />Contractor 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 Contractor 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 Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as <br />shown by any succeeding monthly revision to the Contract Construction Schedule, is such that <br />the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due <br />to the Contractor such amounts as have been withheld in accordance with this paragraph. <br />Docusign Envelope ID: 687B9CC7-F1BC-43DB-A291-A8D859EFA3B2