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1. changes in the Work which are: (i) claimant believes it is entitled as a result of said event. <br /> ordered by OWNER pursuant to paragraph The opposing party shall submit any response to <br /> 10.01.A, (ii) required because of acceptance of ENGINEER and the claimant within 30 days after <br /> defective Work under paragraph 13.08.A or receipt of the claimant's last submittal (unless <br /> OWNER's correction of defective Work under ENGINEER allows additional time). <br /> paragraph 13.09, or (iii) agreed to by the <br /> parties; B. ENGINEER's Decision: ENGINEER will <br /> render a formal decision in writing within 30 days after <br /> 2. changes in the Contract Price or receipt of the last submittal of the claimant or the last <br /> Contract Times which are agreed to by the submittal of the opposing party, if any. ENGINEER's <br /> parties, including any undisputed sum or written decision on such Claim, dispute, or other <br /> amount of time for Work actually performed in matter will be final and binding upon OWNER and <br /> accordance with a Work Change Directive; and CONTRACTOR unless: <br /> 3. changes in the Contract Price or 1. an appeal from ENGINEER's <br /> Contract Times which embody the substance of decision is taken within the time limits and in <br /> any written decision rendered by ENGINEER accordance with the dispute resolution <br /> pursuant to paragraph 10.05; provided that, in procedures set forth in Article 16; or <br /> lieu of executing any such Change order, an <br /> appeal may be taken from any such decision in 2, if no such dispute resolution <br /> accordance with the provisions of the Contract procedures have been set forth in Article 16, a <br /> Documents and applicable Laws and Regula- written notice of intention to appeal from <br /> tions, but during any such appeal, ENGINEER's written decision is delivered by <br /> CONTRACTOR shall carry on the Work and OWNER or CONTRACTOR to the other and to <br /> adhere to the progress schedule as provided in ENGINEER within 30 days after the date of <br /> paragraph 6.18.A. such decision, and a formal proceeding is <br /> instituted by the appealing party in a forum of <br /> 10.04 Notification to Surety competent jurisdiction within 60 days after the <br /> date of such decision or within 60 days after <br /> A. If notice of any change affecting the general Substantial Completion, whichever is later <br /> scope of the Work or the provisions of the Contract (unless otherwise agreed in writing by OWNER <br /> Documents (including, but not limited to, Contract and CONTRACTOR), to exercise such rights or <br /> Price or Contract Times) is required by the provisions remedies as the appealing party may have with <br /> of any Bond to be given to a surety, the giving of any respect to such Claim, dispute, or other matter <br /> such notice will be CONTRACTOR's responsibility, in accordance with applicable Laws and <br /> The amount of each applicable Bond will be adjusted Regulations, <br /> to reflect the effect of any such change, <br /> C. If ENGINEER does not render a formal <br /> 10.05 Claims and Disputes decision in writing within the time stated in paragraph <br /> 10.053, a decision denying the Claim in its entirety <br /> A. Notice: Written notice stating the general shall be deemed to have been issued 31 days after <br /> nature of each Claim, dispute, or other matter shall be receipt of the last submittal of the claimant or the last <br /> delivered by the claimant to ENGINEER and the other submittal of the opposing party, if any. <br /> party to the Contract promptly (but in no event later <br /> than 30 days) after the start of the event giving rise D. No Claim for an adjustment in Contract Price <br /> thereto. Notice of the amount or extent of the Claim, or Contract Times (or Milestones) will be valid if not <br /> dispute, or other matter with supporting data shall be submitted in accordance with this paragraph 10.05. <br /> delivered to the ENGINEER and the other party to the <br /> Contract within 60 days after the start of such event <br /> (unless ENGINEER allows additional time for claimant ARTICLE 11 -COST OF THE WORK; CASH <br /> to submit additional or more accurate data in support ALLOWANCES; UNIT PRICE WORK <br /> of such Claim, dispute, or other matter). A Claim for <br /> an adjustment in Contract Price shall be prepared in <br /> accordance with the provisions of paragraph 12.01.8. 11.01 Cost of the Work <br /> A Claim for an adjustment in Contract Time shall be <br /> prepared in accordance with the provisions of A. Costs Included The term Cost of the Work <br /> paragraph 12.02.B. Each Claim shall be accom- means the sum of all costs necessarily incurred and <br /> panied by claimant's written statement that the adjust- paid by CONTRACTOR in the proper performance of <br /> ment claimed is the entire adjustment to which the the Work. When the value of any Work covered by a <br /> 00700-General Conditions REV 04-07.doc <br /> 00700-30 <br /> FAPublic Works1ENGINEERING DIVISION P ROJ ECTSX1 21 O-S a ndridge Driving Range Tee Renovation\Admimlbid documents100700_General Conditions REV 04-07.doc <br /> SmeadSoft Reprint Date:Monday,January 11,2016-09:22:09-OfficialDocuments:9069,Attachment Id 1,Page 97 <br />