desirable. Accordingly, as long as Contractor acts in good faith in allocating Site Resources and, notwithstanding any other provision of this Subcontract Master Agreement, Work Authorization Document(s) or the Contract Documents, Subcontractor waives any and all claims for damages, extensions of time or for increase to the Subcontract amount as the result of any delays, disruptions, multiple mobilizations, interferences, obstructions, hindrances, suspensions, accelerations, constructive accelerations, out-of-sequence work, changes or other causes arising from Contractor's allocation of Site Resources. (f) If the Contract Documents provide for the payment to Owner by Contractor of liquidated damages, Subcontractor shall reimburse all such damages payable by Contractor (and any other damages) to the extent Subcontractor is at fault for causing the event(s) giving rise to Contractor's liability. Subcontractor acknowledges that the foregoing payment by Contractor of liquidated damages may not be the only element of actual damages suffered by Contractor as a result of Subcontractor's failure to prosecute or to complete Subcontractor's Work in a timely manner and that Contractor's actual damages also may include, without limitation, Contractor's extended overhead, acceleration and any damages of other subcontractors. Accordingly, Contractor's rights to damages against Subcontractor for Subcontractor's failure to prosecute or to complete Subcontractor's Work in a timely manner shall not be limited to reimbursement from Subcontractor of any damages paid by Contractor to Owner but also shall include payment of all other actual damages and all amounts from which Subcontractor has indemnified Contractor under this Subcontract. 10. EXTENSIONS OF TIME. (a) If ultimately caused by Owner, Owner's agents or Owner's separate contractor, subject to the notice requirements and limitations set forth in this Subcontract Master Agreement, Work Authorization Document(s) and the Contract Documents, Subcontractor may be entitled to time extensions and/or additional compensation, respectively, (i) for compliance with schedule amendments, (ii) for damages for delay, disruption, obstruction, interference, out-of-sequence work, suspension, hindrance, acceleration, constructive acceleration, impacts of changes or other causes but only to the limited extent (x) the Contract Documents entitle Contractor to a time extension, damages or to a contract adjustment increasing the Amount or Guaranteed Maximum Cost of the Prime Agreement, (y) Contractor actually receives such a time extension and/or payment from the Owner, and (z) Subcontractor can prove entitlement to all or a portion thereof. Where Contractor, Subcontractor and any other subcontractor is involved, such time extension or damages shall be allocated pursuant to this Article 10 below. (b) If ultimately caused by Contractor or Contractor's other subcontractors or suppliers and not by Owner, Owner's agents or Owner's separate contractors, subject to the notice requirements and limitations set forth in this Subcontract Master Agreement, Work Authorization Document(s) and the Contract Documents, Subcontractor may be entitled to time extensions and/or additional compensation, respectively, (i) for compliance with schedule amendments, (ii) for damages for delay, disruption, obstruction, interference, out-of-sequence work, suspension, hindrance, acceleration, constructive acceleration, impacts of changes or other causes but only to the limited extent Subcontractor can prove entitlement but not for Contractor's allocation of Site Resources as set forth in Article 9 above and Contractor shall have all defenses against Subcontractor for events caused by Contractor or Contractor's subcontractors or suppliers which Owner would have had under the Prime Agreement as if the events had been caused by Owner, Owner's agents or Owner's separate contractors. (c) If not caused by Owner, Owner's agents, Owner's separate contractor, Contractor or Contractor's other subcontractors or suppliers, under no circumstances shall Subcontractor be entitled to additional compensation for delay, disruption, obstruction, interference, out-of-sequence work, suspension, hindrance, acceleration, constructive acceleration, impacts of changes or other causes. (d) Any request for extension of time, or direct damages for delay, disruption, obstruction, hindrance, interference, out-of- sequence work, suspension, acceleration, constructive acceleration, changes, impacts of changes or other causes of increase in the Subcontract Amount must be made within five (5) days after the first occurrence of the event giving rise to the request or such shorter period as required by the Contract Documents and must be supported by a factual recitation of the cause and effect of the event and supporting documentation or the right to seek any time extensions, damages and/or any increase in the Subcontract Amount therefor shall be forever waived. Any request for direct damages or increase in the Subcontract amount must contain an itemized quantification of the amount of actual (if the delay or acceleration is completed) or estimated (if the delay or acceleration is not completed) direct damages to be provided within the five (5) days set forth above or such shorter period as required by the Contract Documents or the right to seek any direct damages and increase in the Subcontract Amount therefor for such event shall be forever waived. Subcontractor waives any and all claims for consequential damages including, without limitation, unabsorbed home office overhead, lost profits, lost bonding capacity and damages to collateral contracts. In the case of an estimate of direct damages, Subcontractor must convert the estimate to actual direct damages suffered and projected further damages and notify Contractor in writing of such quantification five (5) days after the occurrence of the delay event giving rise to the request or such shorter period as required by the Contract Documents, or any direct damages or increase in the
Return to Table of Contents
Made with FlippingBook flipbook maker