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1 . changes in the Work which are: (i) ordered by
<br /> OWNER pursuant to paragraph 10. 01 .A, (ii) required 2. if no such dispute resolution procedures have
<br /> because of acceptance of defective Work under para- been set forth in Article 16, a written notice of intention
<br /> graph 13 . 08.A or OWNER's correction of defective to appeal from ENGINEER's written decision is
<br /> Work under paragraph 13. 09, or (iii) agreed to by the delivered by OWNER or CONTRACTOR to the other
<br /> parties ; and to ENGINEER within 30 days after the date of such
<br /> decision, and a formal proceeding is instituted by the
<br /> 2. changes in the Contract Price or Contract Times appealing party in a forum of competent jurisdiction
<br /> which are agreed to by the parties, including any within 60 days after the date of such decision
<br /> or within
<br /> undisputed sum or amount of time for Work actually 60 days after Substantial Completion, whichever is later
<br /> performed in accordance with a Work Change Directive; (unless otherwise agreed in writing by OWNER and
<br /> and CONTRACTOR), to exercise such rights or remedies as
<br /> the appealing party may have with respect to such
<br /> 3. changes in the Contract Price or Contract Times Claim , dispute, or other matter in accordance with
<br /> which embody the substance of any written decision applicable Laws and Regulations .
<br /> rendered by ENGINEER pursuant to paragraph 10. 05;
<br /> provided that, in lieu of executing any such Change C. If ENGINEER does not render a formal decision in
<br /> Order, an appeal may be taken from any such decision writing within the time stated in paragraph 10.05. 6, a decision
<br /> in accordance with the provisions of the Contract denying the Claim in its entirety shall be deemed to
<br />have been '
<br /> Documents and applicable Laws and Regulations , but issued 31 days after receipt of the last submittal of the claimant
<br /> during any such appeal, CONTRACTOR shall cant' on or the last submittal of the opposing party, if any.
<br /> the Work and adhere to the progress schedule as
<br /> provided in paragraph 6. 18.A. D. No Claim for an adjustment in Contract Price or =
<br /> Contract Times (or Milestones) will be valid if not submitted in
<br /> 10.04 Notification to Surety accordance with this paragraph 10.05.
<br /> A. If notice of any change affecting the general scope of
<br /> the Work or the provisions of the Contract Documents ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ;
<br /> (including, but not limited to, Contract Price or Contract Times) UNIT PRICE WORK
<br /> is required by the provisions of any Bond to be given to a surety,
<br /> the giving of any such notice will be CONTRACTOR's
<br /> responsibility. The amount of each applicable Bond will be 11 . 01 Cost of the Work
<br /> adjusted to reflect the effect of any such change.
<br /> A. Costs Included: The term Cost of the Work means
<br /> 10.05 Claims and Disputes the sum of all costs necessarily incurred and paid by CON-
<br /> TRACTOR in the proper performance of the Work. When the
<br /> A. Notice: Written notice stating the general nature of value of any Work covered by a Change Order or when a Claim
<br /> each Claim, dispute, or other matter shall be delivered by the for an adjustment in Contract Price is determined on the
<br /> basis
<br /> claimant to ENGINEER and the other party to the Contract of Cost of the Work, the costs to be reimbursed to
<br /> promptly (but in no event later than 30 days) after the start of CONTRACTOR will be only those additional or incremental
<br /> the event giving rise thereto. Notice of the amount or extent of costs required because of the change in the Work or because of
<br /> the Claim, dispute, or other matter with supporting data shall be the event giving rise to the Claim. Except as otherwise may be
<br /> delivered to the ENGINEER and the other party to the Contract agreed to in writing by OWNER, such costs shall be in amounts
<br /> within 60 days after the start of such event (unless ENGINEER no higher than those prevailing in the locality of the Project, shall
<br /> allows additional time for claimant to submit additional or more include only the following items, ar)d shall not include any of
<br />the
<br /> accurate data in support of such Claim , dispute, or other costs itemized in paragraph 11 .01 . B.
<br /> matter). A Claim for an adjustment in Contract Price shall be
<br /> prepared in accordance with the provisions of paragraph 1 . Payroll costs for employees in the direct employ
<br /> Y
<br /> 12.01 . 13, A Claim for an adjustment in Contract Time shall be of CONTRACTOR in the performance of the Work
<br /> prepared in accordance with the provisions of paragraph under schedules of job classifications agreed
<br />upon by
<br /> 12.02. 6. Each Claim shall be accompanied by claimant's OWNER and CONTRACTOR. Such employees shall
<br /> written statement that the adjustment claimed is the entire include without limitation superintendents, foremen, and
<br /> adjustment to which the claimant believes it is entitled as a other personnel employed full time at the Site.
<br /> Payroll
<br /> result of said event The opposing party shall submit any costs for employees not employed full time on the Worts
<br /> response to ENGINEER and the claimant within 30 days after shall be apportioned on the basis of their time spent on
<br /> receipt of the claimant's last submittal (unless ENGINEER the Work. Payroll costs shall include, but not be
<br /> limited
<br /> allows additional time). to, salaries and wages plus the cost of fringe benefits,
<br /> which shall include social security contributions, unem-
<br /> B. ENGINEER's Decision: ENGINEER will render a ployment, excise, and payroll taxes , workers'
<br /> formal decision in writing within 30 days after receipt of the last compensation, health and retirement benefits, bonuses,
<br /> submittal of the claimant or the last submittal of the opposing sick leave, vacation and holiday pay applicable thereto.
<br /> party, if any. ENGINEER's written decision on such Claim, The expenses of performing Work outside of regular
<br /> dispute, or other matter will be final and binding upon OWNER working hours , on Saturday, Sunday, or legal holidays ,
<br /> and CONTRACTOR unless : shall be included in the above to the extent authorized
<br /> 1 . anby OWNER.
<br /> appeal from ENGINEER's decision is taken
<br /> within the time limits and in accordance with the dispute 2. Cost of all materials and equipment fumished
<br /> resolution procedures set forth in Article 16; or and incorporated in the Work, including costs of
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