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pursuant to paragraph 10 05, provided that, in 10 05 Claims and Disputes <br /> lieu of executing any such Change Order, an <br /> appeal may be taken from any such decision in A. Notice Written notice stating the general <br /> accordance with the provisions of the Contract nature of each Claim, dispute, or other matter shall be <br /> Documents and applicable Laws and Regula- delivered by the claimant to ENGINEER and the other <br /> tions, but during any such appeal, party to the Contract promptly (but in no event later <br /> CONTRACTOR shall carry on the Work and than 30 days) after the start of the event giving rise <br /> adhere to the progress schedule as provided in thereto Notice of the amount or extent of the Claim, <br /> paragraph 6 18.A. dispute, or other matter with supporting data shall be <br /> delivered to the ENGINEER and the other party to the <br /> 10.04 Notification to Surety Contract within 60 days after the start of such event <br /> (unless ENGINEER allows additional time for claimant <br /> A. If notice of any change affecting the general to submit additional or more accurate data in support <br /> scope of the Work or the provisions of the Contract of such Claim, dispute, or other matter). A Claim for <br /> Documents (including, but not limited to, Contract an adjustment in Contract Price shall be prepared in <br /> Price or Contract Times) is required by the provisions accordance with the provisions of paragraph 12.01 B <br /> of any Bond to be given to a surety, the giving of any A Claim for an adjustment in Contract Time shall be <br /> such notice will be CONTRACTOR's responsibility prepared in accordance with the provisions of <br /> The amount of each applicable Bond will be adjusted paragraph 12.02.B. Each Claim shall be accom- <br /> to reflect the effect of any such change. panied by claimant's written statement that the adjust- <br /> ment claimed is the entire adjustment to which the <br /> claimant believes it is entitled as a result of said event. <br /> The opposing party shall submit any response to <br /> ENGINEER and the claimant within 30 days after <br /> receipt of the claimant's last submittal (unless <br /> ENGINEER allows additional time) <br /> B. ENGINEER's Decision. ENGINEER will <br /> render a formal decision in writing within 30 days after <br /> receipt of the last submittal of the claimant or the last <br /> submittal of the opposing party, if any ENGINEER's <br /> written decision on such Claim, dispute, or other <br /> matter will be final and binding upon OWNER and <br /> CONTRACTOR unless: <br /> 1. an appeal from ENGINEER's <br /> decision is taken within the time limits and in <br /> accordance with the dispute resolution <br /> procedures set forth in Article 16, or <br /> 2. if no such dispute resolution <br /> procedures have been set forth in Article 16, a <br /> written notice of intention to appeal from <br /> ENGINEER's written decision is- delivered by <br /> OWNER or CONTRACTOR to the other and to <br /> ENGINEER within 30 days after the date of <br /> such decision, and a formal proceeding is <br /> instituted by the appealing party in a forum of <br /> competent jurisdiction within 60 days after the <br /> date of such decision or within 60 days after <br /> Substantial Completion, whichever is later <br /> (unless otherwise agreed in writing by OWNER <br /> and CONTRACTOR), to exercise such rights or <br /> remedies as the appealing party may have with <br /> respect to such Claim, dispute, or other matter <br /> in accordance with applicable Laws and <br /> Regulations. <br /> 00700-General Conditions REV 5-10-13.doc <br /> 00700-31 <br /> F-Wublic WorksIENGINEERING DIVISION PROJECTS108458-Old Dixie Hwy Sidewalk(38th Ln-45th St)VAdmimlbid documents\Master Contract Documents100700-General Conditions <br /> REV 5-10-13.doc <br />