Article 8 · Time
8.3Notice of Delay
8.3.1The Contractor shall notify the Owner’s Representative in writing of any event that it considers entitles it to an extension of the Contract Time. Each notice shall identify the event, the date the Contractor first became aware of it, and the Work affected. Notice shall be given no later than twenty-one (21) days after that date.
8.3.2A notice received after the period in Clause 8.3.1 is untimely. The Contractor waives any extension of time and any additional compensation arising from an event described in an untimely notice.
8.3.3Within fourteen (14) days after giving notice, the Contractor shall submit a time impact analysis showing the effect of the event on the critical path of the Baseline Schedule.
8.4Liquidated Damages
8.4.1For each day by which Substantial Completion is delayed beyond the Contract Completion Date, the Contractor shall pay the Owner liquidated damages at the daily rate set out in Schedule D. Liquidated damages under this Clause 8.4 shall not exceed ten percent (10%) of the Contract Price in aggregate.
8.4.2Payment of liquidated damages is the Owner’s sole remedy for delay in achieving Substantial Completion, except in the case of abandonment or termination under Article 14.
8.5Acceleration
8.5.1The Owner may direct the Contractor to accelerate the Work to recover delay for which the Contractor is responsible. The Contractor shall bear the cost of such acceleration.
8.5.2Where the Owner directs acceleration to recover delay for which the Contractor is entitled to an extension, the direction shall be treated as a Change under Article 11.



