Laserfiche WebLink
I <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 the Delay described in subsection(A),the Contractor was forced to suspend or <br /> significantly interrupt its performance so that it was on standby or idled,and the Owner required <br /> the Contractor to be ready to resume performance on short notice. Extended time of performance <br /> of Work,such as extensions caused by changes, inefficiencies, or Extra Work, does not constitute <br /> suspension or 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; 111 <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 1 <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 /> b. Disclose the details of Contractor generated billings and Contractor Overhead Costs(as I <br /> hereinafter defined)throughout the actual project performance. The details of such <br /> information should be no less than specific identification of the sources and amounts of <br /> revenue on no greater than a monthly basis and specific identification of the types and <br /> amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual <br /> Project duration. <br /> 12.4.3.5.2.3 Overabsorbed Overhead <br /> To demonstrate that it did not incur Overabsorbed Overhead in the period following the Delay <br /> (12.4.3.5.2.(5)),the Contractor must: <br /> a. Affirmatively represent and warrant that completion of the delayed Work prevented the I <br /> performance of other work; <br /> b. Identify the critical resource unavailable for other work due to completion of the delayed <br /> Contract; and <br /> c. Showing that unavailability of this critical resource precluded the performance of other work. <br /> 1 <br /> General Conditions—007200-46 <br />