Para 10.4 — CONSULT_MANUAL

2. Delays Attributable to the Consultant: In case of delays attributable to the Consultant. the Procuring Entity may without prejudice to his other rights:

a) recover from the contractor liquidated damages as per para 10.4.5 below, or b) treat the delay as a breach of contract as per para 10.8.1 below and avail all the remedies therein, although it is in purchaser’s interest to resort to this provision only as a last resort, in case of inordinate delays.

3. Delay in Performance for which Consultant is not Responsible: a) In cases where there is a delay for which the Consultant is not responsible; the delivery period needs to be re-fixed without imposing any penalty (i.e., without LD and without a denial clause). If corrective action requires extra work and the delay cannot be attributed to the consultant the extra work should be reimbursed in accordance with the contract. Normally, in the following circumstances, the Consultant may not be considered to be responsible for the delay:

10.4 Time Control 10.4.1 Delays in Performance of Services: 1. Contractor shall be required to adhere to the delivery schedule (including any incidental Work/ Goods) specified in the Contract (or as extended) and, if there is a delay in performance of services, it amounts to breach of contract, since ‘Time is the Essence of the Contract’. The consultant should notify the Procuring Entity and explain the causes of such delays. Consultancy Services may be delayed for a variety of reasons, including sometimes delays in discharge of its obligations by the Procuring Entities.

i) Cases where the Consultant is dependent on the approval/ decision of the Procuring Entity, and the delay occurs in such approval/ decision, though requested by the Consultant in time; ii) Where extension in the delivery period is granted on account of some omission on the part of the purchaser, which affects the due performance of the contract by the Consultant, iii) Cases where the service delivery has been affected by Force Majeure or statutory change or specific executive instructions issued by Govt. b) There may be delays for which both buyer and consultant may be responsible to a different extent. In such cases, the levy of LD and Denial clause may be decided on merits.

4. Inordinate Delays: Inexcusable delays of more than one-fourth (25%) of the total completion period shall be treated as inordinate delays. Such inordinate delays may be treated as breach of contract and shall be noted as deficient performance and be held against the contractor in future tenders. A show-cause notice shall be issued to the contractor before declaring it a deficient performance. Such delays may be considered as a breach of the contract at the option of the Procuring Entity.