2004-030 - Laserfiche WebLink

Home Browse Search

' applicable Bond will be adjusted to reflect the effect of any such change . C. If ENGINEER does not render a formal decision ' in writing within the time stated in paragraph 10. 05 .B , a 10 . 05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal A. Notice: Written notice stating the general nature of the claimant or the last submittal of the opposing party, of each Claim, dispute, or other matter shall be delivered by if any. the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after D . No Claim for an adjustment in Contract Price or the start of the event giving rise thereto . Notice of the Contract Times (or Milestones) will be valid if not amount or extent of the Claim, dispute, or other matter with submitted in accordance with this paragraph 10. 05 . supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time ARTICLE 11 - COST OF THE WORK; CASH for claimant to submit additional or more accurate data in ALLOWANCES ; UNIT PRICE WORK support of such Claim, dispute, or other matter) . A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12 .01 .13 . A 11 . 01 Cost of the Work Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12 .02.B . A. Costs Included. The term Cost of the Work means Each Claim shall be accompanied by claimant's written the sum of all costs necessarily incurred and paid by CON- statement that the adjustment claimed is the entire TRACTOR in the proper performance of the Work. When adjustment to which the claimant believes it is entitled as a the value of any Work covered by a Change Order or when result of said event. The opposing party shall submit any a Claim for an adjustment in Contract Price is determined response to ENGINEER and the claimant within 30 days on the basis of Cost of the Work, the costs to be reimbursed after receipt of the claimant's last submittal (unless to CONTRACTOR will be only those additional or ENGINEER allows additional time) . incremental costs required because of the change in the Work or because of the event giving rise to the Claim B . ENGINEER 's Decision: ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than ' the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include opposing party, if any. ENGINEER' s written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be final and costs itemized in paragraph 11 . 01 .13 . binding upon OWNER and CONTRACTOR unless : 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER' s decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16 ; or Such employees shall include without limitation superintendents, foremen, and other personnel 2 . if no such dispute resolution procedures employed full time at the Site. Payroll costs for t have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER' s written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll forum.. of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement ' the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto . The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations . 00700 - 32