Laserfiche WebLink
pursuant to paragraph 10.05; provided that, in <br />lieu of executing any such Change Order, an <br />appeal may be taken from any such decision in <br />accordance with the provisions of the Contract <br />Documents and applicable Laws and Regula- <br />tions, but during any such appeal, <br />CONTRACTOR shall carry on the Work and <br />adhere to the progress schedule as provided in <br />paragraph 6.18.A. <br />10.04 Notification to Surety <br />A. If notice of any change affecting the general <br />scope of the Work or the provisions of the Contract <br />Documents (including, but not limited to, Contract <br />Price or Contract Times) is required by the provisions <br />of any Bond to be given to a surety, the giving of any <br />such notice will be CONTRACTOR's responsibility. <br />The amount of each applicable Bond will be adjusted <br />to reflect the effect of any such change. <br />10.05 Claims and Disputes <br />A. Notice: Written notice stating the general <br />nature of each Claim, dispute, or other matter shall be <br />delivered by the claimant to ENGINEER and the other <br />party to the Contract promptly (but in no event later <br />than 30 days) after the start of the event giving rise <br />thereto. Notice of the amount or extent of the Claim, <br />dispute, or other matter with supporting data shall be <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 <br />to submit additional or more accurate data in support <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.B. <br />A Claim for an adjustment in Contract Time shall be <br />prepared in accordance with the provisions of <br />paragraph 12.02.B. Each Claim shall be accom- <br />panied by claimants 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 \Public Works\ENGINEERING DIVISION PROJECTS\05308 13th Street SW at 58th Ave BridgeWdmin\bid documentsWlaster Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />