8.1. SR 06-03-2019 - Laserfiche WebLink

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W WASTE MANAGEMENT 15.1.1 Any Claim must be initiated by timely written notice accompanied by a detailed written statement of the alleged basis of the Claim and all data and information supporting the relief sought. The responsibility to substantiate Claims by Contractor shall rest with the Contractor. 15.1.2 Claims shall be referred to the Owner's Authorized Representative for action as provided in this Article 15. Timely presentation of a Claim and a decision by the Owner's Authorized Representative shall be required as a condition precedent to litigation of a Claim between Contractor and Owner as to all matters, regardless of whether such matters relate to execution and progress of the Work or the extent to which the Work has been completed or any other matter. 15.1.3 The decision by the Owner's Authorized Representative in response to a Claim shall not be a condition precedent to litigation in the event the Owner's Authorized Representative has failed to render a timely decision under Articles 15.7 or other agreed time limits. 15.2 Time Limits on Claims. Contractor shall give notice to Owner of any matter which will be the basis of any Claim no later than fourteen (14) Days after the start of the event giving rise to the Claim. Any failure to Contractor to give timely notice of its Claim shall be a waiver of the Claim. If Contractor wishes to make Claim for an increase in the Contract Price, written notice shall be given before proceeding to execute the Work which is the subject of the Claim, or the Claim shall be deemed waived. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Article 10.4 15.3 Continuing Performance. Pending final resolution of a Claim, unless otherwise agreed in writing, Contractor shall proceed diligently with the performance of the Agreement and Owner shall continue to make payments in accordance with Contract Documents. The fact that a Claim is pending shall not relieve Contractor of its obligations to continue to prosecute the Work, for the safety and protection of the physical properties and conditions at the Site or any other obligations under the Agreement. 15.4 Claims for Additional Cost. 15.4.1 If Contractor believes it is entitled to an increase in the Contract Price for any reason allowed by the Agreement, it may file a Claim in accordance with the procedure established herein. 15.4.2 No increase in Contract Price will be allowed for delays or hindrances to the Work, except for direct and unavoidable extra costs to Contractor caused solely by the failure of Owner to provide information or material, if any, which is to be provided by Owner under the terms of the Agreement, or by Owner's failure to perform any other material obligation hereunder that prevents Contractor from performing timely, and then only if Contractor has performed all of its obligations to investigate conditions on, under and around the Site and to examine the information and material provided. Any such price increase shall be subject to the provisions of Article 7. 15.4.3 In no instance will Owner be deemed liable for Claims for delay when: .1 the Date of Substantial Completion occurs prior to the expiration of the Contract Time. .2 Owner notifies Contractor of a change to the Date of Commencement prior to Contractor's mobilization to the Site. .3 Contractor's performance would be delayed for any reason other than Owner caused delay, including concurrent delays by Contractor, any Subcontractor or Force Majeure. 15.4.4 Charges for Owner caused delays shall not exceed eight (8) hours per Day. Daily equipment rental rates for Owner caused delays shall not exceed the lesser of (i) Contractor's daily ownership cost of any idled equipment or (ii) the monthly rental rate charged by commercial equipment rental companies in the vicinity of the Project divided by thirty(30)for such equipment. 15.4.5 In the event Contractor intends to file a Claim for additional costs related to issuance of a minor change in the Work,Owner's denial of any request by Contractor for a Change Order under Article 7 or denial of a Amendment under Article 3.13, Contractor shall notify Owner of its intent to file such Claim within fourteen (14) Days of Contractor's receipt of the direction to perform a minor change or Owner's denial. Failure to notify Owner that Contractor intends to file a Claim on these bases shall be a waiver of the Claim. 42 Jun-17 Ver.2.0