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r <br /> 10 . 05 Claims and Disputes <br /> WIN C . If ENGINEER does not render a formal <br /> A. Notice: Written notice stating the general decision in writing within the time stated in paragraph <br /> nature of each Claim , dispute , or other matter shall be 10 .05 . B , a decision denying the Claim in its entirety <br /> +.• delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after <br /> party to the Contract promptly (but in no event later receipt of the last submittal of the claimant or the last <br /> than 30 days) after the start of the event giving rise submittal of the opposing party, if any. <br /> thereto . Notice of the amount or extent of the Claim , <br /> .r dispute, or other matter with supporting data shall be D . No Claim for an adjustment in Contract Price <br /> delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not <br /> Contract within 60 days after the start of such event submitted in accordance with this paragraph 10 . 05 . <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 ARTICLE 11 - COST OF THE WORK; CASH <br /> an adjustment in Contract Price shall be prepared in ALLOWANCES ; UNIT PRICE WORK <br /> " accordance with the provisions of paragraph 12 . 01 . 13 . <br /> A Claim for an adjustment in Contract Time shall be <br /> prepared in accordance with the provisions of 11 .01 Cost of the Work <br /> ,,111 paragraph 12 .02 . 13 . Each Claim shall be accom- <br /> panied by claimant's written statement that the adjust- A. Costs Included. The term Cost of the Work <br /> ment claimed is the entire adjustment to which the means the sum of all costs necessarily incurred and <br /> claimant believes it is entitled as a result of said event. paid by CONTRACTOR in the proper performance of <br /> The opposing party shall submit any response to the Work. When the value of any Work covered by a <br /> ENGINEER and the claimant within 30 days after Change Order or when a Claim for an adjustment in <br /> receipt of the claimant's last submittal (unless Contract Price is determined on the basis of Cost of <br /> ENGINEER allows additional time). the Work, the costs to be reimbursed to <br /> CONTRACTOR will be only those additional or <br /> B . ENGINEER's Decision: ENGINEER will incremental costs required because of the change in <br /> render a formal decision in writing within 30 days after the Work or because of the event giving rise to the <br /> «. receipt of the last submittal of the claimant or the last Claim . Except as otherwise may be agreed to <br /> in <br /> submittal of the opposing party, if any. ENGINEER's writing by OWNER, such costs shall be in amounts no <br /> written decision on such Claim , dispute , or other higher than those prevailing in the locality of <br /> the <br /> .r matter will be final and binding upon OWNER and Project, shall include only the following items <br />, and <br /> CONTRACTOR unless : shall not include any of the costs itemized in para- <br /> graph 11 . 01 . 13 . <br /> 1 . an appeal from ENGINEER's <br /> •• decision is taken within the time limits and in 1 . Payroll costs for employees in the <br /> accordance with the dispute resolution direct employ of CONTRACTOR in the perfor- <br /> procedures set forth in Article 16 ; or mance of the Work under schedules of job <br /> classifications agreed upon by OWNER and <br /> .. 2 . if no such dispute resolution CONTRACTOR. Such employees shall include <br /> procedures have been set forth in Article 16 , a without limitation superintendents , foremen , <br /> written notice of intention to appeal from and other personnel employed full time at the <br /> .. ENGINEER's written decision is delivered by Site . Payroll costs for employees not employed <br /> OWNER or CONTRACTOR to the other and to full time on the Work shall be apportioned on <br /> ENGINEER within 30 days after the date of the basis of their time spent on the Work <br />. <br /> such decision , and a formal proceeding is Payroll costs shall include, but not be limited to , <br /> instituted by the appealing party in a forum of salaries and wages plus the cost of fringe <br /> competent jurisdiction within 60 days after the benefits , which shall include social security <br /> date of such decision or within 60 days after contributions , unemployment, excise , and <br /> ,. Substantial Completion , whichever is later payroll taxes , workers' compensation , health <br /> (unless otherwise agreed in writing by OWNER and retirement benefits , bonuses , sick leave , <br /> and CONTRACTOR), to exercise such rights or vacation and holiday pay applicable thereto . <br /> remedies as the appealing party may have with The expenses of performing Work outside of <br /> respect to such Claim , dispute, or other matter regular working hours , on Saturday, Sunday, or <br /> in accordance with applicable Laws and legal holidays , shall be included in the above to <br /> Regulations . the extent authorized by OWNER. <br /> 0016-00700 - General Conditions <br /> Page 31 of 44 <br /> F:\Engineering\Capital Projects\0016 & 0236- 41 at Street lmprovements\0016 & 0236-41 st St Contract Docs\0016-00700 - General Conditions.doc <br /> r <br />