SECTION 8
PROSECUTION AND PROGRESS
81
originally planned, did in fact cause a delay in final completion of the entire work
which could not be compensated for by revising the sequence of the Contractor's
operations. The term "shortage of materials," as used in this section, shall apply
only to materials, articles, parts or equipment which are standard items and are to
be incorporated in the work. The term "shortage of materials," shall not apply to
materials, parts, articles or equipment which are processed, made, constructed,
fabricated or manufactured to meet the specific requirements of the contract. Only
the physical shortage of material will be considered under these provisions as a
cause for extension of time. Delays in obtaining materials due to priority in filling
orders will not constitute a shortage of materials.
• If the Contractor is delayed in completion of the work by reason of changes
made under Section 4-1.03, "Changes," or by failure of the Department to acquire
or clear right of way, or by moving the Contractor's plant pursuant to Section
6-2.03, "Mandatory Local Material Sources," or by any act of the Engineer or of the
Department, not contemplated by the contract, an extension of time commensurate
with the delay in completion of the work thus caused will be granted, and the
Contractor shall be relieved from any claim for liquidated damages, or engineering
and inspection charges or other penalties for the period covered by that extension of
time; provided that the Contractor shall notify the Engineer in writing of the causes
of delay within 15 days from the beginning of the delay. The Engineer shall
ascertain the facts and the extent of the delay, and the Engineer's findings thereon
shall be final and conclusive.
• Except for the additional compensation provided for in Section 8-1.09, "Right
of Way Delays," and except as provided in Public Contract Code Section 7102, the
Contractor shall have no claim for damage or compensation for any delay or
hindrance.
• It is the intention of the above provisions that the Contractor shall not be
relieved of liability for liquidated damages or engineering and inspection charges
for any period of delay in completion of the work in excess of that expressly
provided for in this Section 8-1.07.
8-1.08 TERMINATION OF CONTROL
• Failure to supply an adequate working force, or material of proper quality, or
failure to comply with Section 10262 of the State Contract Act, or in any other
respect to prosecute the work with the diligence and force specified by the contract,
is grounds for termination of the Contractor's control over the work and for taking
over the work by the State as provided in the State Contract Act.
• If the Contractor's control of the work is terminated or the Contractor abandons
the work and the contract work is completed in conformance with the provisions in
Section 10255 of the State Contract Act, any dispute concerning the amount to be
paid by the State to the Contractor or the Contractor's surety or to be paid to the
State by the Contractor or the Contractor's surety, under the provisions in Section
10258 of the State Contract Act, shall be subject to arbitration in conformance with
the provisions in Section 9-1.10, "Arbitration." The surety shall be bound by the
arbitration award and is entitled to participate in the arbitration proceedings.
8-1.09 RIGHT OF WAY DELAYS
• If, through the failure of the State to acquire or clear right of way, the
Contractor sustains loss which could not have been avoided by the judicious
handling of forces, equipment and plant, there shall be paid to the Contractor that



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