Agenda - Council - 08/23/2016 - Laserfiche WebLink

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Paragraph 13.08.A or Owner's correction 30 days)after the start of the event giving rise of defective Work under Paragraph thereto. The responsibility to substantiate a 13.09,or(iii)agreed to by the parties; Claim shall rest with the party making the Claim. Notice of the amount or extent of the 2. changes in the Contract Price or Contract Claim,with supporting data shall be delivered Times which are agreed to by the parties, to the Engineer and the other party to the including any undisputed sum or amount Contract within 60 days after the start of such of time for Work actually performed in event(unless Engineer allows additional time accordance with a Work Change for claimant to submit additional or more Directive;and accurate data in support of such Claim). A Claim for an adjustment in Contract Price 3. changes in the Contract Price or Contract shall be prepared in accordance with the Times which embody the substance of provisions of Paragraph 12.01.13.A Claim for any written decision rendered by an adjustment in Contract Time shall be Engineer pursuant to Paragraph 10.05; prepared in accordance with the provisions of provided that, in lieu of executing any Paragraph 12.02.13. Each Claim shall be such Change Order, an appeal may be accompanied by claimant's written statement taken from any such decision in that the adjustment claimed is the entire accordance with the provisions of the adjustment to which the claimant believes it is Contract Documents and applicable Laws entitled as a result of said event.The opposing and Regulations, but during any such party shall submit any response to Engineer appeal, Contractor shall carry on the and the claimant within 30 days after receipt Work and adhere to the Progress of the claimant's last submittal (unless Schedule as provided in Paragraph Engineer allows additional time). 6.18.A. C. Engineer's Action: Engineer will review each 10.04 Notification to Surety Claim and,within 30 days after receipt of the last submittal of the claimant or the last A. If notice of any change affecting the general submittal of the opposing party, if any, take scope of the Work or the provisions of the one of the following actions in writing: Contract Documents (including, but not limited to, Contract Price or Contract Times) 1. deny the Claim in whole or in part, is required by the provisions of any bond to be given to a surety, the giving of any such 2. approve the Claim,or notice will be Contractor's responsibility.The amount of each applicable bond will be 3. notify the parties that the Engineer is adjusted to reflect the effect of any such unable to resolve the Claim if, in the change. Engineer's sole discretion, it would be inappropriate for the Engineer to do so. 10.05 Claims For purposes of further resolution of the Claim, such notice shall be deemed a A. Engineer's Decision Required: All Claims, denial. except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for D. In the event that Engineer does not take action decision. A decision by Engineer shall be on a Claim within said 30 days, the Claim required as a condition precedent to any shall be deemed denied. exercise by Owner or Contractor of any rights or remedies either may otherwise have under E. Engineer's written action under Paragraph the Contract Documents or by Laws and 10.05.0 or denial pursuant to Paragraphs Regulations in respect of such Claims. 10.05.C.3 or 10.05.1)will be final and binding upon Owner and Contractor,unless Owner or B. Notice: Written notice stating the general Contractor invoke the dispute resolution nature of each Claim,shall be delivered by the procedure set forth in Article 16 within 30 claimant to Engineer and the other party to the days of such action or denial. Contract promptly(but in no event later than Standard General Conditions 00 72 00-32