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2008-342A
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2008-342A
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Last modified
4/14/2016 10:01:04 AM
Creation date
10/1/2015 12:45:07 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
10/21/2008
Control Number
2008-342A
Agenda Item Number
8.M.
Entity Name
J.W. Cheatham
Subject
Falcon Trace Subdivision
Area
17th Lane SW
Project Number
0803, 0837, 0838
Bid Number
2008073
Supplemental fields
SmeadsoftID
7655
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pursuant to paragraph 10 . 05 ; provided that, in 10 . 05 Claims and Disputes <br /> lieu of executing any such Change Order, an <br /> appeal may be taken from any such decision in A. Notice: Written notice stating the general <br /> accordance with the provisions of the Contract nature of each Claim , dispute , or other matter shall be <br /> Documents and applicable Laws and Regula- delivered by the claimant to ENGINEER and the other <br /> tions , but during any such appeal , party to the Contract promptly ( but in no event later <br /> CONTRACTOR shall carry on the Work and than 30 days) after the start of the event giving rise <br /> adhere to the progress schedule as provided in thereto . Notice of the amount or extent of the Claim , <br /> paragraph 6 . 18 .A. dispute, or other matter with supporting data shall be <br /> delivered to the ENGINEER and the other party to the <br /> 10 . 04 Notification to Surety Contract within 60 days after the start of such event <br /> ( unless ENGINEER allows additional time for claimant <br /> A. If notice of any change affecting the general to submit additional or more accurate data in support <br /> scope of the Work or the provisions of the Contract of such Claim , dispute , or other matter) . A Claim for <br /> Documents (including , but not limited to, Contract an adjustment in Contract Price shall be prepared in <br /> Price or Contract Times) is required by the provisions accordance with the provisions of paragraph 12 . 01 . B . <br /> of any Bond to be given to a surety, the giving of any A Claim for an adjustment in Contract Time shall <br /> be <br /> such notice will be CONTRACTOR's responsibility. prepared in accordance with the provisions of <br /> The amount of each applicable Bond will be adjusted paragraph 12 . 02 . B . Each Claim shall be accom- <br /> to reflect the effect of any such change . panied by claimant's written statement that the adjust- <br /> ment claimed is the entire adjustment to which the <br /> claimant believes it is entitled as a result of said event. <br /> The opposing party shall submit any response to <br /> ENGINEER and the claimant within 30 days after <br /> receipt of the claimant's last submittal ( unless <br /> ENGINEER allows additional time) . <br /> B . ENGINEER's Decision: ENGINEER will <br /> render a formal decision in writing within 30 days after <br /> receipt of the last submittal of the claimant or the last <br /> submittal of the opposing party, if any. ENGINEER's <br /> written decision on such Claim , dispute, or other <br /> matter will be final and binding upon OWNER and <br /> CONTRACTOR unless : <br /> 1 . an appeal from ENGINEER's <br /> decision is taken within the time limits and in <br /> accordance with the dispute resolution <br /> procedures set forth in Article 16 ; or <br /> 2 . if no such dispute resolution <br /> procedures have been set forth in Article 16 , a <br /> written notice of intention to appeal from <br /> ENGINEER's written decision is delivered by <br /> OWNER or CONTRACTOR to the other and to <br /> ENGINEER within 30 days after the date of <br /> such decision , and a formal proceeding is <br /> instituted by the appealing party in a forum of <br /> competent jurisdiction within 60 days after the <br /> date of such decision or within 60 days after <br /> Substantial Completion , whichever is later <br /> ( unless otherwise agreed in writing by OWNER <br /> and CONTRACTOR) , to exercise such rights or <br /> remedies as the appealing party may have with <br /> respect to such Claim , dispute, or other matter <br /> in accordance with applicable Laws and <br /> Regulations . <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 31 <br /> F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - <br />General Conditions REV <br /> 04-07.doc <br />
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