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The Contractor shall be entitled to an extension of Contract Time for Delays to the extent caused <br />by a Third Party or Force Majeure Event. Extension of Contract Time shall be determined <br />pursuant to 5.2.2.2 Extensions of Contract Time. <br />12.4.3.5 Extended or Unabsorbed Overhead <br />12.4.3.5.1 General <br />To present a request for additional compensation for Extended or Unabsorbed Overhead, the <br />Contractor has the burden of keeping and maintaining accurate documentation to support any such <br />claim. If the Contractor fails to provide or keep adequate financial data for an accurate and fair <br />Eichleay calculation, Contractor waives and releases any claim for Unabsorbed or Extended <br />Overhead. In presenting any claim under this section of the Contract, the Contractor agrees to provide <br />to the Owner any and all financial data needed by the Owner, or its representative, to review, <br />substantiate and evaluate any claim for Extended and/or Unabsorbed Home Office Overhead. Failure <br />to provide the requested information shall constitute waiver by the Contractor. <br />If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead, it <br />shall be calculated as provided in 9.5.3. Unabsorbed and Extended Overhead. <br />12.4.3.5.2 Elements <br />Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended <br />Overhead if it clearly and convincingly demonstrates all of the following: <br />1 The Owner solely caused a delay to the Completion Date as measured by analysis of the project <br />duration by the critical path method pursuant to 5.2.2.2 Extensions of Contract Time; <br />2. Because of such Delay, the Contractor was forced to suspend or significantly interrupt its <br />performance so that it was on standby or idled, and the Owner required the Contractor to be ready <br />to resume performance on short notice. Extended time of performance of Work, such as <br />extensions caused by changes, inefficiencies, or Extra Work, does not constitute suspension or <br />significant interruption of performance. <br />3. The Contractor could not and did not use resources, including but not limited to labor, materials <br />and equipment, standing by or idled on this or any other project for any work during the period of <br />delay; <br />4. The Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs <br />during the period of delay; and <br />5. The Delay did not cause Overabsorbed Overhead in the period in which the delayed Work was <br />completed. <br />12.4.3.5.2.1 Resources <br />To demonstrate the Contractor could not and did not use resources, including but not limited to <br />labor, materials and equipment from this Project for any other work on this or any other project <br />during the period of delay (12.4.3.5.2.(3)), the Contractor must: <br />a. Affirmatively represent and warrant that it did not perform substitute Work; <br />b. Identify the specific resources that were idled; and <br />c. Show that those resources did not, and could not, work on other contracts or projects during <br />the Delay. <br />12.4.3.5.2.2 No Material Variations <br />To demonstrate the Contractor's Overhead costs did not materially vary from its usual seasonal <br />Overhead costs during the period of delay (12.4.3.5.2.(4)), the Contractor must; <br />a. Affirmatively represent and warrant that the completion of the subject Work was extended <br />and that such extension prevented the performance of other work during both the period of <br />delay and the later period of time required to complete the extended Work, <br />Reservoir 3 Replacement Phase 1 <br />Work Order No. UP3739 00 72 00 <br />GENERAL CONDITIONS March 2024 <br />