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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 />tiomo, but during any such appeal, <br />CONTRACTOR shall carry on the Work and <br />adhere hmthe progress schedule asprovided 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 orthe provisions ofthe Contract <br />Documents not |irnkad to, Contract <br />Phms orContract times) is required by the provisions <br />of any Bond to be given to a surety, the giving ofany <br />such notice will be CCjNTRACTOR's responsibility. <br />The amount ofeach applicable Bond will beadjusted <br />bzreflect the effect ofany such change. <br />10.05 Claims and Disputes <br />A. Notice: Written notice stating the general <br />nature ofeach Claim, dispute, orother matter shall be <br />delivered bvthe claimant ioENGINEER and the other <br />party tothe Contract promptly (but in no event later <br />than 30 days) after the start ofthe event giving rise <br />thereto. Notice of the amount or extent of the C|oim, <br />dioputa, or other matter with supporting data shall be <br />delivered tothe ENGINEER and the other party tothe <br />Contract within 80 days after the start ofsuch event <br />(unless ENGINEER allows additional time for claimant <br />to submit additional ormore accurate data in support <br />of such C|ainn, dispute. orother rnatteh. AC|oinl 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 ohoU be <br />prepared in accordance with the provisions of <br />paragraph 12.02.8. Each Claim shall be accom- <br />panied by claimants written statement that the. adjust- <br />ment n|oinoed is the entire adjustment to which the <br />claimant believes itiaentitled asoresult ofsaid event. <br />The opposing party shall submit any response to <br />ENGINEER and the claimant within 30 days after <br />receiptof the claimants last submittal (unless <br />ENGINEER allows additional tirne). <br />B. fNG8VfER's Decision: ENGINEER will <br />render aformal decision in writing within 30 days efba <br />receiptofthe last submittal ofthe claimant orthe last <br />submittal ofthe opposing if any. ENG|NEBR'a <br />xvhtban decision on such C|oimn, diapube, or other <br />matter will be final and binding upon OWNER and <br />CONTRACTOR unless: <br />1. an appeal from ENG|NEER's <br />decision istaken within the time Unnito and in <br />accordance with the dispute resolution <br />procedures set forth inArticle 18;or <br />2. if no such dispute resolution <br />procedures have been set forth in Article 16. o <br />written notice of intention to appeal from <br />ENGINEER'a written decision is delivered by <br />OWNER orCONTRACTOR hothe other and ho <br />ENGINEER within 30 days after the date of <br />such decis|on, and a formal proceeding is <br />instituted by the appealing party in a forum of <br />competent jurisdiction within GD dova after the <br />date of such decision or within 60 days after <br />Substantial Conmp\oUon, whichever is later <br />(unless otherwise agreed inwriting bvOWNER <br />and CONTRACTOR).tuexercise such rightsor <br />remedies anthe appealing party may have with <br />respect to such C|ainm, dinpuhe, or other matter <br />in accordance with applicable Laws and <br />Regulations. <br />00700 - General Conditions REV 5-10A3 <br />oo7oo'31 <br />pAPublicvomsWmemceowanmommpnoJECTmo05-CnouResurfmuopumyrtmmto 125mahAdmim\m *oc"mentsW°ste,Contract omcumommmO700'General Conditions <br />