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Section 7 – Prosecution of the Work

resources as specified in Section 10-12, “Archeological and Cultural Resources”, of

these Specifications, except as modified below:

a. Compensation for unavoidable delays shall not be granted when the

Contractor could have reasonably anticipated the delay.

b. When there are two (2) or more concurrent delays and at least one (1) is

noncompensable, no compensation other than time extension shall be

c. Compensation for unavoidable delays shall be granted only if such

unavoidable delay affects controlling operations that would prevent

completion of the Work.

7-13 NOTICE OF DELAYS

The Contractor shall immediately notify the Agency in writing if the Contractor foresees any

delay in the prosecution of the Work or immediately upon the occurrence of any unavoidable

delay, but in no case shall the written notice be provided to the Agency later than two (2)

Working Days after the occurrence of the unavoidable delay. The Contractor shall state the

probability of the delay occurring and its cause so the Agency may take steps to prevent the

occurrence or continuance of the delay and determine whether the delay is avoidable or

unavoidable, its duration, and the extent.

The Agency will assume that all delays were avoidable unless the Agency was notified as

indicated above and through its investigation found them unavoidable. No consideration for

additional time or compensation will be given for any delay not called to the Agency’s attention

at the time of its occurrence.

7-14 CARELESS DESTRUCTION OF STAKES AND MARKS NO CAUSE FOR DELAY

If the Contractor or Subcontractors carelessly destroy Agency-placed stakes and marks

causing a delay in the Work, the Contractor shall have no claim for damages or time extensions.

See also Section 5-9, “Surveys”, of these Specifications.

7-15 TIME OF COMPLETION

Time is of the essence on all Agency contracts. The Contractor shall complete all of the

Work called for under the Contract within the Contract Time set forth in the Special Provisions.

The Agency will furnish the Contractor a weekly statement showing the number of days

charged to the Contract for the preceding week, the number of days of time extensions

approved or under consideration, the number of days originally specified for the completion of

the Contract, and the extended date for completion. The Contractor will be allowed fifteen (15)

days from the issuance of the weekly statement to file a written protest stating how the

Contractor’s estimate of Contract days charged to the Contract differs from the Agency’s. If no

protest is received, it shall be deemed by the Agency that the Contractor has accepted the

statement as being correct.

7-16 EXTENSION OF TIME NOT A WAIVER

Time extensions granted for unavoidable delays or for the execution of extra or additional

work shall not operate as a waiver of the Agency’s rights under the Contract.