2008-287 - Laserfiche WebLink

Home Browse Search

contractor, subcontractor, materialman or other agent (collectively referred to as " contractor" ) to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall , within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures . If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances . Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 16 . Persons who are not parties to this Consent Order, but whose substantial interests are affected by this Consent Order, have a right, pursuant to Sections 120 . 569 and 120 . 57 , Florida Statutes , to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel , 3900 Commonwealth Boulevard, MS# 35 , Tallahassee , Florida 32399-3000 within 21 days of receipt of this notice . A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120 . 569 and 120 . 57 , Florida Statutes . The petition shall contain the following information : (a) The Department ' s identification number for the Consent Order and the county in which the subject matter or activity is located; (b) The name, address , and telephone number of each petitioner; the name , address , and telephone number of the petitioner ' s representative , if any, which shall be the address for service purposes ; (c) A statement of how and when each petitioner received notice of the Consent Order; 13 of 17 OGC File No . 08 - 1661