2012-211A - Laserfiche WebLink

Home Browse Search

pursuant to paragraph 10 .05; provided that, in 1 . an appeal from ENGINEER's lieu of executing any such Change Order, an decision is taken within the time limits and in appeal may be taken from any such decision in accordance with the dispute resolution accordance with the provisions of the Contract procedures set forth in Article 16 ; or Documents and applicable Laws and Regula- tions , but during any such appeal , 2 . if no such dispute resolution CONTRACTOR shall carry on the Work and procedures have been set forth in Article 16 , a adhere to the progress schedule as provided in written notice of intention to appeal from paragraph 6 . 18 .A. ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to 10 .04 Notification to Surety ENGINEER within 30 days after the date of such decision , and a formal proceeding is A. If notice of any change affecting the general instituted by the appealing party in a forum of scope of the Work or the provisions of the Contract competent jurisdiction within 60 days after the Documents (including, but not limited to, Contract date of such decision or within 60 days after Price or Contract Times) is required by the provisions Substantial Completion , whichever is later of any Bond to be given to a surety, the giving of any (unless otherwise agreed in writing by OWNER such notice will be CONTRACTOR's responsibility. and CONTRACTOR), to exercise such rights or The amount of each applicable Bond will be adjusted remedies as the appealing party may have with to reflect the effect of any such change . respect to such Claim , dispute , or other matter in accordance with applicable Laws and 10 . 05 Claims and Disputes Regulations. A. Notice: Written notice stating the general C . If ENGINEER does not render a formal nature of each Claim , dispute, or other matter shall be decision in writing within the time stated in paragraph delivered by the claimant to ENGINEER and the other 10 .05 . 13 , a decision denying the Claim in its entirety party to the Contract promptly (but in no event later shall be deemed to have been issued 31 days after than 30 days) after the start of the event giving rise receipt of the last submittal of the claimant or the last thereto. Notice of the amount or extent of the Claim , submittal of the opposing party, if any. dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the D . No Claim for an adjustment in Contract Price Contract within 60 days after the start of such event or Contract Times (or Milestones) will be valid if not (unless ENGINEER allows additional time for claimant submitted in accordance with this paragraph 10.05. to submit additional or more accurate data in support of such Claim , dispute, or other matter) . A Claim for an adjustment in Contract Price shall be prepared in ARTICLE 11 - COST OF THE WORK; CASH accordance with the provisions of paragraph 12 .01 . B . ALLOWANCES; UNIT PRICE WORK A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 .02 . 13. Each Claim shall be accom- 11 .01 Cost of the Work panied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the A. Costs Included: The term Cost of the Work claimant believes it is entitled as a result of said . event. means the sum of all costs necessarily incurred and The opposing party shall submit - any response to paid by CONTRACTOR in the proper performance of ENGINEER and the claimant within 30 days after the Work. When the value of any Work covered by receipt of the claimant's last submittal (unless Change Order or when a Claim for an adjustment in ENGINEER allows additional time). Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to B . ENGINEER's Decision. ENGINEER will CONTRACTOR will be only those additional or render a formal decision in writing within 30 days after incremental costs required because of the change in receipt of the last submittal of the claimant or the last the Work or because of the event giving rise to the submittal of the opposing party, if any. ENGINEER's Claim . Except as otherwise may be agreed to in written decision on such Claim , dispute, or other writing by OWNER, such costs shall be in amounts no matter will be final and binding upon OWNER and higher than those prevailing in the locality of the CONTRACTOR unless : Project, shall include only the following items , and shall not include any of the costs itemized in para- graph 11 .01 . 13 . 00700 - General Conditions REV 04.07.doc 00700 - 31 P:\Public Works\ENGINEERING DIVISION PROJECTS\1131 •IR Blvd Resurfacing 41st St to 53rd St-SEE PROD 0927\Admim\Contract Documents\00700 • General Conditions REV 04- 07.doc