§ 4-03 Extensions of Time for Performance.
RCNY § 4-03
(a)Application. If performance by the contractor is delayed for a reason set forth in the contract, and performance will not be completed within the time period or by the date set forth in the contract, a reasonable extension in time for performance may be allowed.
(b)Goods and services.
(1)An extension of time may be granted only by the ACCO of the agency that awarded the contract upon written application by the contractor. An extension pursuant to this section may be granted only for performance based contracts (such as for the delivery of goods or deliverable based services) and this section does not apply to extensions pursuant to 9 RCNY § 4-02 or renewals pursuant to 9 RCNY § 4-04. For contracts consisting of separate deliverable based elements (such as task or purchase orders pursuant to a requirements contract), an extension pursuant to this section may be made only for such deliverable based elements (such as task or purchase orders) and not the underlying contract.
(2)The ruling of the ACCO is final and binding as to the allowance of an extension, and the number of days allowed.
(3)The application for extension must detail each cause for delay, the date it occurred, and the resulting total delay in days attributed to such cause. For construction related services, the application must detail the cause for the delay only if it is within the knowledge of the applicant.
(4)For construction related services, if the extension is based on a delay in construction, the extension must not exceed the extension granted for the construction contract, unless the application sets forth an additional basis for the extension.
(c)Construction. An extension of time may be granted only by the ACCO of the agency that awarded the contract or by the Board of Time Extension (as set forth below), upon written application by the contractor.
(i)Before a contractor's time extension request may be approved, the contractor must submit a written application identifying, at a minimum: (A) the contractor, the contract registration number, and project description; (B) liquidated damage assessment rate, as specified in the contract; (C) original bid amount; (D) the original contract start date and completion date; (E) any previous time extensions granted (number and duration); and (F) the extension of time requested.
(ii)In addition, the application for extension of time shall set forth in detail: (A) the nature of each alleged cause of delay in completing the work; (B) the date upon which each such cause of delay began and ended and the number of days attributable to each such cause; (C) a statement that the contractor waives all claims except for those delineated in the application, and the particulars of any claims which the contractor does not agree to waive. For time extensions for substantial and final completion payments, the application shall include a detailed statement of the dollar amounts of each element of claim item reserved; and (D) a statement indicating the contractor's understanding that the time extension is granted only for the purpose of permitting continuation of contract performance and payment for work performed and that the City retains its right to conduct an investigation and assess liquidated damages as appropriate in the future.
(iii)Approval mechanism for time extensions for final or substantial completion payments. An extension of time for a final or substantial completion payment shall be granted only with the approval of the Board of Time Extension comprised of the ACCO, the Corporation Counsel, and the Comptroller, or their authorized representatives.
