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s <br /> 1 . changes in the Work which are: (i ) panied by claimant's written statement that the adjust- <br /> ordered by OWNER pursuant to paragraph ment claimed is the entire adjustment to which the <br /> 10.01 .A, (ii) required because of acceptance of claimant believes it is entitled as a result of said event. <br /> defective Work under paragraph 13.08.A or The opposing party shall submit any response to <br /> 1W OWNER's correction of defective Work under ENGINEER and the claimant within 30 days after <br /> paragraph 13.09, or (iii ) agreed to by the receipt of the claimant's last submittal (unless <br /> parties; ENGINEER allows additional time ). <br /> r <br /> 2 . changes in the Contract Price or B. ENGINEER 's Decision: ENGINEER will <br /> Contract Times which are agreed to by the render a formal decision in writing within 30 days after <br /> parties, including any undisputed sum or receipt of the last submittal of the claimant or the last <br /> r amount of time for Work actually performed in submittal of the opposing party, if any. ENGINEER's <br /> accordance with a Work Change Directive; and written decision on such Claim , dispute, or other <br /> matter will be final and binding upon OWNER and <br /> r, 3 . changes in the Contract Price or CONTRACTOR unless : <br /> Contract Times which embody the substance <br /> of any written decision rendered by ENGINEER 1 . an appeal from ENGINEER's <br /> pursuant to paragraph 10.05; provided that, in decision is taken within the time limits and in <br /> lieu of executing any such Change Order, an accordance with the dispute resolution <br /> appeal may be taken from any such decision in procedures set forth in Article 16 ; or <br /> accordance with the provisions of the Contract <br /> # Documents and applicable Laws and Regula- 2 . if no such dispute resolution <br /> tions , but during any such appeal , procedures have been set forth in Article 16 , a <br /> CONTRACTOR shall carry on the Work and written notice of intention to appeal from <br /> adhere to the progress schedule as provided in ENGINEER's written decision is delivered by <br /> a paragraph 6. 18 .A. OWNER or CONTRACTOR to the other and to <br /> ENGINEER within 30 days after the date of <br /> 10 .04 Notification to Surety such decision , and a formal proceeding is <br /> r instituted by the appealing party in a forum of <br /> A. If notice of any change affecting the general competent jurisdiction within 60 days after the <br /> scope of the Work or the provisions of the Contract date of such decision or within 60 days after <br /> Documents (including , but not limited to , Contract Substantial Completion , whichever is later <br /> Price or Contract Times) is required by the provisions (unless otherwise agreed in writing by OWNER <br /> of any Bond to be given to a surety, the giving of any and CONTRACTOR) , to exercise such rights <br /> such notice will be CONTRACTOR's responsibility. or remedies as the appealing party may have <br /> The amount of each applicable Bond will be adjusted with respect to such Claim , dispute , or other <br /> to reflect the effect of any such change. matter in accordance with applicable Laws and <br /> Regulations. <br /> 10 .05 Claims and Disputes <br /> s 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 . 6, 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 /> 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 <br /> an adjustment in Contract Price shall be prepared in <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 <br /> paragraph 12 .02. 8. Each Claim shall be accom- <br /> 00700 - Generai Conditions REV 04-07 <br /> 00700 - 31 <br /> F:1Enginee6ngVWiAiams\Maste ontactWaster Contact OocumentsW0700 - General Conditions REV 0a07.doc <br />