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performed under the applicable conditions of the Contract 10.05 Claims and Disputes{tc In "10. 05 Claims and Documents (except as otherwise specifically provided ). Disputes ") B. If OWNER and CONTRACTOR are unable to agree A. Notice: Written notice stating the general nature of on entitlement to, or on the amount or extent, if any, of an each Claim, dispute, or other matter shall be delivered by the adjustment in the Contract Price or Contract Times , or both, that claimant to ENGINEER and the other party to the Contract should be allowed as a result of a Work Change Directive, a promptly (but in no event later than 30 days ) after the start of Claim may be made therefore as provided in paragraph 10. 05. the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be 10 . 02 Unauthorized Changes in the Work{tc In "10. 02 delivered to the ENGINEER and the other party to the Contract Unauthorized Changes in the Work'? within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more A. CONTRACTOR shall not be entitled to an increase in accurate data in support of such Claim , dispute, or other the Contract Price or an extension of the Contract Times with matter). A Claim for an adjustment in Contract Price shall be respect to any work performed that is not required by y the prepared in accordance with the provisions of paragraph Contract Documents as amended , modified , or supplemented 12. 01 . B . A Claim for an adjustment in Contract Time shall be as provided in paragraph 3. 04, except in the case of an emer- prepared in accordance with the provisions of paragraph gency as provided in paragraph 6. 16 or in the case of 12.02. B . Each Claim shall be accompanied by claimant's uncovering Work as provided in paragraph 13. 04 . 8 . written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a 10. 03 Execution of Change Orders(tc \n " 10 . 03 result of said event. The opposing party shall submit any Execution of Change Orders") response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER A. OWNER and CONTRACTOR shall execute appropri- allows additional time). ate Change Orders recommended by ENGINEER (or Written Amendments ) covering : B . ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last 1 . changes in the Work which are: (i) ordered by submittal of the claimant or the last submittal of the opposing OWNER pursuant to paragraph 10. 01 .A, (ii) required party, if any. ENGINEER's written decision on such Claim, because of acceptance of defective Work under para- dispute, or other matter will be final and binding upon OWNER graph 13.08 .A or OWNER's correction of defective and CONTRACTOR unless: Work under paragraph 13.09, or (iii ) agreed to by the parties; 1 . an appeal from ENGINEER's decision is taken 11111pe within the time limits and in accordance with the dispute 2. changes in the Contract Price or Contract Times resolution procedures set forth in Article 16; or which are agreed to by the parties , including any undisputed sum or amount of time for Work actually 2. if no such dispute resolution procedures have performed in accordance with a Work Change Directive; been set forth in Article 16, a written notice of intention and to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other 3. changes in the Contract Price or Contract Times and to ENGINEER within 30 days after the date of such which embody the substance of any written decision decision, and a formal proceeding is instituted by the rendered by ENGINEER pursuant to paragraph 10. 05; appealing party In a forum of competent jurisdiction provided that, in lieu of executing any such Change within 60 days after the date of such decision or within Order, an appeal may be taken from any such decision 60 days after Substantial Completion, whichever is later in accordance with the provisions of the Contract (unless otherwise agreed in writing by OWNER and Documents and applicable Laws and Regulations , but CONTRACTOR), to exercise such rights or remedies as during any such appeal, CONTRACTOR shall carry on the appealing party may have with respect to such the Work and adhere to the progress schedule as Claim, dispute, or other matter in accordance with provided in paragraph 6. 18.A. applicable Laws and Regulations . 10. 04 Notification to Surety(tc \n " 10. 04 Notification to C. If ENGINEER does not render a formal decision in Surety") writing within the time stated in paragraph 10. 05. 8, a decision denying the Claim in its entirety shall be deemed to have been A. If notice of any change affecting the general scope of issued 31 days after receipt of the last submittal of the claimant the Work or the provisions of the Contract Documents or the last submittal of the opposing party, if any. (including , but not limited to, Contract Price or Contract Times ) is required by the provisions of any Bond to be given to a surety, D. No Claim for an adjustment in Contract Price or the giving of any such notice will be CONTRACTOR's Contract Times (or Milestones ) will be valid if not submitted in responsibility. The amount of each applicable Bond will be accordance with this paragraph 10. 05. adjusted to reflect the effect of any such change. 00700 - 25