Extensions of Time for Performance.
9 RCNY § 4-03
in effect§ 4-03 Extensions of Time for Performance.
(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.
(1) Application for extension of time.
(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.
(2) Analysis and approval of time extensions.
(i) For time extensions for partial payments, a determination shall be made by the ACCO who may, for good and sufficient cause, extend the time for the performance of a contract as follows:
(A) if the work is to be completed within six months, the time for performance may be extended for sixty days;
(B) if the work is to be completed within less than one year but more than six months, an extension of ninety days may be granted;
(C) if the contract period exceeds one year, besides the extension granted in subparagraph (B) above, an additional thirty days may be granted for each multiple of six months involved beyond the one year period; or
(D) if exceptional circumstances exist, the ACCO may extend the time for performance beyond the extensions in A, B, and C above.
(ii) For extensions of time for substantial completion payments and final completion payments, the agency engineering staff, in consultation with the ACCO, shall prepare a written analysis of the delay (including a preliminary determination of the causes of delay, the beginning and end dates for each such cause of delay, and whether the delays are excusable under the terms of the construction contract). The report shall be subject to review by and approval of the Board of Time Extension, which shall have authority to question its analysis and determinations and request additional facts or documentation.
(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.
(3) Assessment of liquidated damages. In the case of substantial completion and final completion payments on construction contracts, liquidated damages shall be assessed against the contract as determined by the report's analysis of the contract delays. However, neither the failure to assess liquidated damages at this time, nor the report itself, nor the granting of a time extension at substantial or final completion, shall operate as a waiver or release of any claim the City may have against the contractor for either actual or liquidated damages.
(Amended City Record 1/29/2016, eff. 3/1/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-22405Fetched: 10/24/2026