Common use of CLAIMS AND ACTIONS THEREON Clause in Contracts

CLAIMS AND ACTIONS THEREON. 87.1. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any lawsuit, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided. 87.2. Nor shall any lawsuit be instituted or maintained on any such claims unless such lawsuit is commenced within six (6) months after the date the Commissioner issues a Certificate of Substantial Completion pursuant to Article 75; except that: 87.2.1. Any claims arising out of events occurring after the date the Commissioner issues a Certificate of Substantial Completion and before Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance of the Work; 87.2.2. Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies becomes due and payable hereunder; and 87.2.3. If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 95, any such lawsuit shall be commenced within six (6) months of the date the Commissioner exercises said right.

Appears in 2 contracts

Samples: Furnish and Install Agreement, Furnish and Install Agreement

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CLAIMS AND ACTIONS THEREON. 87.1. 56.1 Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any lawsuitaction, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided. 87.2. 56.2 Nor shall any lawsuit action be instituted or maintained on any such claims unless such lawsuit action is commenced within six (6) months after the date the Commissioner issues a Certificate of Substantial Completion pursuant to Article 75Completion; except that: 87.2.1. 56.2.1 Any claims arising out of events occurring after the date the Commissioner issues a Certificate of Substantial Completion and before Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance of the Work; 87.2.2. 56.2.2 Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies becomes otherwise become due and payable hereunder; and 87.2.3. 56.2.3 If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 9564, any such lawsuit action shall be commenced within six (6) months of the date the Commissioner exercises said right.

Appears in 1 contract

Samples: Construction Contract

CLAIMS AND ACTIONS THEREON. 87.188.1. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any lawsuitaction, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided. 87.288.2. Nor shall any lawsuit action be instituted or maintained on any such claims unless such lawsuit action is commenced within six (6) months after the date the Commissioner issues a Certificate of Substantial Completion pursuant to Article 75Completion; except that: 87.2.188.2.1. Any claims arising out of events occurring after the date the Commissioner issues a Certificate of Substantial Completion and before Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance of the Work; 87.2.288.2.2. Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies becomes otherwise become due and payable hereunder; and 87.2.388.2.3. If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 9596, any such lawsuit action shall be commenced within six (6) months of the date the Commissioner exercises said right.

Appears in 1 contract

Samples: Furnish and Install Agreement

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CLAIMS AND ACTIONS THEREON. 87.189.1. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any lawsuitaction, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided. 87.289.2. Nor shall any lawsuit action be instituted or maintained on any such claims unless such lawsuit action is commenced within six (6) months after the date the Commissioner issues a Certificate of Substantial Completion pursuant to Article 75Completion; except that: 87.2.189.2.1. Any claims arising out of events occurring after the date the Commissioner issues a Certificate of Substantial Completion and before Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance of the Work; 87.2.289.2.2. If the Commissioner exercises his/her right to complete or cause to complete any or all unsatisfactory or uncompleted punch list Work that remains after the completion date specified in the Final Approved Punch List pursuant to Article 87, any such action shall be commenced within six (6) months from the date the Commissioner notifies the Contractor in writing that he/she has exercised such right. Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies becomes otherwise become due and payable hereunder; and 87.2.389.2.3. If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 9597, any such lawsuit action shall be commenced within six (6) months of the date the Commissioner exercises said right.

Appears in 1 contract

Samples: Furnish and Install Agreement

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