Common use of CLAI MS AND DI SPUTES Clause in Contracts

CLAI MS AND DI SPUTES. 11.1. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term " Claim" also includes other disputes and matters in question between Owner and Construction Manager arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2. The Design Professional shall be in the first instance, the interpreter of the requirements of the Construction Documents. The Design Professional shall render opinions on all claims of the Construction Manager relating to the execution and progress of the Work and on all matters or questions related thereto. The Design Professional' s decisions in matters relating to artistic effect shall be final if consistent with the intent of the Construction Documents. The Design Professional shall review for comment or approval any and all proposal requests, supplemental drawings and information, substitutions and Change Orders. 11.3. Claims by Construction Manager shall be made in writing to Owner and Design Professional within forty-eight (48) hours after the first day of the event giving rise to such Claim or else Construction Manager shall be deemed to have waived the Claim. Written supporting data shall be submitted to Owner and Design Professional within fifteen (15) calendar days after the occurrence of the event, unless Owner grants additional time in writing, or else Construction Manager shall be deemed to have waived the Claim. All claims shall be priced in accordance with the provisions of Subsection 10.4. 11.4. Construction Manager shall proceed diligently with its performance as directed by Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim.