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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.04 Notification to Surety <br />10.01 Authorized Changes in the Work <br />A. Without invalidating the Contract and without notice <br />to any surety, Owner may, at any time or from time to <br />time, order additions, deletions, or revisions in the Work <br />by a Change Order, or a Work Change Directive. Upon <br />receipt of any such document, Contractor shall promptly <br />proceed with the Work involved which will be performed <br />under the applicable conditions of the Contract <br />Documents (except as otherwise specifically provided). <br />B. If Owner and Contractor are unable to agree on <br />entitlement to, or on the amount or extent, if any, of an <br />adjustment in the Contract Price or Contract Times, or <br />both, that should be allowed as a result of a Work Change <br />Directive, a Claim may be made therefor as provided in <br />Paragraph 10.05. <br />10.02 Unauthorized Changes in the Work <br />A. Contractor shall not be entitled to an increase in the <br />Contract Price or an extension of the Contract Times with <br />respect to any work performed that is not required by the <br />Contract Documents as amended, modified, or <br />supplemented as provided in Paragraph 3.04, except in the <br />case of an emergency as provided in Paragraph 6.16 or in <br />the case of uncovering Work as provided in Paragraph <br />13:04.13. <br />10.03 Execution of Change Orders <br />A. Owner and Contractor shall execute appropriate <br />Change Orders recommended by Engineer covering <br />1. changes in the Work which are: (i) ordered by <br />Owner pursuant to Paragraph 10.01.A, (ii) required <br />because of acceptance of defective Work under <br />Paragraph 13.08.A or Owner's correction of <br />defective Work under Paragraph 13.09, or (iii) agreed <br />to by the parties; <br />2. changes in the Contract Price or Contract Times <br />which are agreed to by the parties, including any <br />undisputed sum or amount of time for Work actually <br />performed in accordance with a Work Change <br />Directive; and <br />3. changes in the Contract Price or Contract Times <br />which embody the substance of any written decision <br />rendered by Engineer pursuant to Paragraph 10.05; <br />provided that, in lieu of executing any such Change <br />Order, an appeal may be taken from any such deci- <br />sion in accordance with the provisions of the <br />Contract Documents and applicable Laws and <br />Regulations, but during any such appeal, Contractor <br />shall carry on the Work and adhere to the Progress <br />Schedule as provided in Paragraph 6.18.A. <br />A. If notice of any change affecting the general scope of <br />the Work or the provisions of the Contract Documents <br />(including, but not limited to, Contract Price or Contract <br />Times) is required by the provisions of any bond to be <br />given to a surety, the giving of any such notice will be <br />Contractor's responsibility. The amount of each <br />applicable bond will be adjusted to reflect the effect of <br />any such change. <br />10.05 Claims <br />A. Engineer's Decision Required: All Claims, except <br />those waived pursuant to Paragraph 14.09, shall be <br />referred to the Engineer for decision. A decision by <br />Engineer shall be required as a condition precedent to any <br />exercise by Owner or Contractor of any rights or remedies <br />either may otherwise have under the Contract Documents <br />or by Laws and Regulations in respect of such Claims. <br />B. Notice: Written notice stating the general nature of <br />each Claim shall be delivered by the claimant to Engineer <br />and the other party to the Contract promptly (but in no <br />event later than 30 days) after the start of the event giving <br />rise thereto. The responsibility to substantiate a Claim <br />shall rest with the party making the Claim. Notice of the <br />amount or extent of the Claim, with supporting data shall <br />be 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 to <br />submit additional or more accurate data in support of such <br />Claim). A Claim for an adjustment in Contract Price shall <br />be prepared in accordance with the provisions of <br />Paragraph 12.01.13. A Claim for an adjustment in Contract <br />Time shall be prepared in accordance with the provisions <br />of Paragraph 12.02.13. Each Claim shall be accompanied <br />by claimant's written statement that the adjustment <br />claimed is the entire adjustment to which the claimant <br />believes it is entitled as a result of said event. The <br />opposing party shall submit any response to Engineer and <br />the claimant within 30 days after receipt of the claimant's <br />last submittal (unless Engineer allows additional time). <br />C. Engineer's Action: Engineer will review each Claim <br />and, within 30 days after receipt of the last submittal of <br />the claimant or the last submittal of the opposing party, if <br />any, take one of the following actions in writing: <br />1. deny the Claim in whole or in part, <br />2. approve the Claim, or <br />3. notify the parties that the Engineer is unable to <br />resolve the Claim if, in the Engineer's sole discretion, <br />it would be inappropriate for the Engineer to do so. <br />For purposes of further resolution of the Claim, such <br />notice shall be deemed a denial. <br />EJCDC C-700 Standard General Conditions of the Construction Contract. <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700-29 <br />