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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.04 Notification to Surety A . If notice of any change affecting the general scope of 10.01 Authorized Changes in the Work the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract A . Without invalidating the Contract and without notice Times) is required by the provisions of any bond to be to any surety, Owner may, at any time or from time to given to a surety, the giving of any such notice will be time, order additions, deletions, or revisions in the Work Contractor's responsibility. The amount of each by a Change Order, or a Work Change Directive. Upon applicable bond will be adjusted to reflect the effect of receipt of any such document, Contractor shall promptly any such change. proceed with the Work involved which will be performed under the applicable conditions of the Contract 10.05 Claims Documents (except as otherwise specifically provided). A . Engineer 's Decision Required: All Claims, except B . If Owner and Contractor are unable to agree on those waived pursuant to Paragraph 14.09, shall be entitlement to, or on the amount or extent, if any, of an referred to the Engineer for decision. A decision by adjustment in the Contract Price or Contract Times, or Engineer shall be required as a condition precedent to any both, that should be allowed as a result of a Work Change exercise by Owner or Contractor of any rights or remedies Directive, a Claim may be made therefor as provided in either may otherwise have under the Contract Documents Paragraph 10.05. or by Laws and Regulations in respect of such Claims. 10.02 Unauthorized Changes in the Work B. Notice. Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer A. Contractor shall not be entitled to an increase in the and the other party to the Contract promptly (but in no Contract Price or an extension of the Contract Times with event later than 30 days) after the start of the event giving respect to any work performed that is not required by the rise thereto. The responsibility to substantiate a Claim Contract Documents as amended, modified, or shall rest with the party making the Claim. Notice of the supplemented as provided in Paragraph 3 .04, except in the amount or extent of the Claim, with supporting data shall case of an emergency as provided in Paragraph 6. 16 or in be delivered to the Engineer and the other party to the the case of uncovering Work as provided in Paragraph Contract within 60 days after the start of such event 13 .04. 6. (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such 10.03 Execution of Change Orders Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of A. Owner and Contractor shall execute appropriate Paragraph 12.01 . 6 . A Claim for an adjustment in Contract Change Orders recommended by Engineer covering: Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied I . changes in the Work which are: (i) ordered by by claimant's written statement that the adjustment Owner pursuant to Paragraph 10.01 .A, (ii) required claimed is the entire adjustment to which the claimant because of acceptance of defective Work under believes it is entitled as a result of said event. The Paragraph 13.08.A or Owner' s correction of opposing party shall submit any response to Engineer and defective Work under Paragraph 13 .09, or (iii) agreed the claimant within 30 days after receipt of the claimant's to by the parties; last submittal (unless Engineer allows additional time). 2. changes in the Contract Price or Contract Times C. Engineer 's Action: Engineer will review each Claim which are agreed to by the parties, including any and, within 30 days after receipt of the last submittal of undisputed sum or amount of time for Work actually the claimant or the last submittal of the opposing party, if performed in accordance with a Work Change any, take one of the following actions in writing: Directive; and 1 . deny the Claim in whole or in part, 3. changes in the Contract Price or Contract Times which embody the substance of any written decision 2 . approve the Claim, or rendered by Engineer pursuant to Paragraph 10.05 ; provided that, in lieu of executing any such Change 3 . notify the parties that the Engineer is unable to Order, an appeal may be taken from any such deci- resolve the Claim if, in the Engineer's sole discretion, sion in accordance with the provisions of the it would be inappropriate for the Engineer to do so. Contract Documents and applicable Laws and For purposes of further resolution of the Claim, such Regulations, but during any such appeal , Contractor notice shall be deemed a denial. shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6. 18.A . EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 29