Common use of Claims and Disputes Clause in Contracts

Claims and Disputes. A. Claims by CONTRACTOR shall be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled “Changes in Work”. B. CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall be resolved in the following manner: 1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. Claims by the COUNTY against CONTRACTOR shall be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C)(2) above. E. Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work.”. B. CONTRACTOR shall will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall will be resolved in the following manner: 1) i. Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall will then have fifteen (15) 15 calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) ii. If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. iii. Claims by the COUNTY against CONTRACTOR shall will be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. iv. Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. v. No claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall will be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work.”. B. CONTRACTOR shall will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract agreement in accordance with the contract agreement documents during the pendency of any claim. C. Claims by CONTRACTOR shall will be resolved in the following manner: 1) i. Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall will then have fifteen (15) 15 calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) ii. If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. iii. Claims by the COUNTY against CONTRACTOR shall will be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. iv. Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. v. No claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall will be entitled to extensions of the contract agreement time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work.”. B. CONTRACTOR shall will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract agreement in accordance with the contract agreement documents during the pendency of any claim. C. Claims by CONTRACTOR shall will be resolved in the following manner: 1) : Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall will then have fifteen (15) 15 calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) . If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. . Claims by the COUNTY against CONTRACTOR shall will be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. . Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYSNo claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall will be entitled to extensions of the contract agreement time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. § 6.1 Claims not Involving the Owner § 6.1.1 All claims, disputes, and matters in question arising out of or relating to the Subcontract that do not involve Owner shall be decided by CONTRACTOR litigation. Contractor shall have the sole and final authority to determine whether the claim, dispute, or matter involves the Owner. The law that applies and venue for litigation shall be as set forth in Attachment F. § 6.1.2 Subcontractor shall give Contractor written notice of its intent to make a claim whether for an extension of time, an adjustment in the Subcontract Sum, or both. The notice shall describe with factual particularity (a) the condition or occurrence giving rise to Subcontractor’s claim and (b) the portion of the Subcontract Work known to be affected. In all cases, such notice shall be given to and received by Contractor in writing within ten days (10) days after Subcontractor knows, or with reasonable diligence should have known, of the condition or occurrence upon which Subcontractor’s claim is based. Should the claim be based upon the rejection of a change order proposed or demanded by Subcontractor, the notice period shall begin at the time of rejection or, where the Parties do not agree on the change order, upon Contractor’s written notice to proceed with the change, whichever shall last occur. § 6.1.3 The giving of the notice of claim required hereunder shall be a condition precedent to Subcontractor’s right to make and recover upon the claim. Subcontractor shall provide Contractor with a full and complete statement of the claim, along with the time and costs claimed and full and complete backup documentation to sufficiently substantiate the claim, to Contractor’s satisfaction, when and as reasonably directed by Contractor but in no case more than twenty (20) calendar days after the notice. Contractor shall have thirty (30) calendar days from the time it receives Subcontractor’s full and complete claims package, as determined in Contractor’s sole discretion, to review and accept or reject Subcontractor’s claim, in whole or in part, as a condition precedent to Subcontractor proceeding with any binding dispute resolution process on such claim. § 6.1.4 Prior to and as a condition precedent to any formal dispute resolution proceedings, the Parties agree to participate in mediation using a mediator as mutually agreed between the Parties. A request for mediation shall be made in writing writing, delivered to the COUNTY within two other Party to the Subcontract. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of sixty (260) business days after from the commencement date of filing, unless stayed for a longer period by agreement of the event giving rise to such claim Parties or CONTRACTOR court order. The Parties shall share the mediator’s fee. The mediation shall be deemed to have waived held within the claimproper limits of the city in which the office of Contractor responsible for administering and constructing the Project is located. All claims Agreements reached in mediation shall be priced enforceable as settlement agreements in accordance any court having jurisdiction thereof. In the event the Parties are unable, through their best efforts and good faith, to conduct the mediation within sixty (60) days from the date of the request, this mediation condition precedent to formal dispute resolution proceedings shall expire and either party may proceed with the section in this document entitled “Changes in Work”such proceedings. B. CONTRACTOR § 6.1.5 Contractor and Subcontractor waive claims against each other for consequential, special, exemplary, or punitive damages arising out of or relating to the Subcontract; provided, however, the foregoing shall proceed diligently with its performance not apply to, and Contractor does not waive, (a) Contractor’s right to recover liquidated, consequential, or other damages that Owner or any other party is entitled to recover against Contractor under the Prime Contract; (b) delay damages as directed allowed by the COUNTYSubcontract; (c) Subcontractor’s indemnity obligations under the Subcontract, regardless including consequential damages of any pending third parties; or (d) losses covered by insurance required by the Subcontract. § 6.1.6 To the fullest extent permitted by law, Subcontractor shall not be entitled to, and hereby expressly waives any and all claims for any productivity losses, efficiency losses, increased supervisory costs, home office overhead, extended job site overhead, disruption costs, “ripple effect” costs, trade stacking, compression, acceleration, lost profits, lost opportunity costs, or damages, costs, or monetary relief of any other type relating to or arising out of any delay, disruption, or suspension of the Work, unless and except to the extent of such sums (if any) as may be actually recovered and received by Contractor from Owner on behalf of Subcontractor. § 6.2 Claims Involving the Owner § 6.2.1 All claims, disputes, and matters in question arising out of or relating to the Subcontract that involve Owner shall be decided by the claims and/or dispute resolution procedure specified in the Prime Contract, including but not limited to all notice, applicable law, venue, and arbitration provisions. Subcontractor agrees to strictly abide and be bound by such provisions and to joinder in any proceeding, or consolidation with any other proceeding, including arbitration, involving the Owner where Subcontractor is advancing a pass-through claim, actionas more fully set forth below, suitis substantially involved in the underlying transaction or occurrence, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion that involves a common question of the contract in accordance with the contract documents during the pendency of any claimlaw or fact. C. Claims § 6.2.2 For any affirmative claim, dispute, or matter asserted by CONTRACTOR Subcontractor involving an increase in Subcontractor’s costs or time of performance or sufferance of other damages primarily caused by Owner and not otherwise waived under the Subcontract, Subcontractor hereby acknowledges and agrees that such a claim, dispute, or matter shall be resolved in the following manner: 1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond a “Pass-Through Claim” to the claim in writing stating that the claim is either approved or deniedbe prosecuted consistent with this Section 6.2. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) If the claim is not resolved, the COUNTY mayContractor may require, at its option, choose that Subcontractor enter into a separate Pass-Through Claim agreement in a form acceptable to submit the matter to mediationContractor. A mediator In all cases, Subcontractor’s relief shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense limited to that which Contractor can obtain from Owner on behalf of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, FloridaSubcontractor. D. § 6.2.3 Contractor shall have sole discretion to determine if the Pass-Through Claim is bona fide on its face, including but not limited to in terms of entitlement and magnitude. Should Contractor deem the claim so bona fide, Contractor shall assert the claim against Owner on Subcontractor’s behalf and Contractor shall remain liable to Subcontractor for the claim only to the extent of Contractor’s recovery from Owner on account of Subcontractor. In the event Contractor deems the claim not bona fide, Contractor shall not advance the claim and shall have no liability to Subcontractor therefor, and Subcontractor hereby waives any right of recovery it may have against Contractor for the same. § 6.2.4 Pass-Through Claims advanced by the COUNTY against CONTRACTOR Contractor on Subcontractor’s behalf shall be made in writing at Subcontractor’s sole cost and expense, including but not limited to attorneys’ fees, costs of suit, expert witness’ fees, Contractor’s administrative and personnel expenses, and Contractor’s reasonable markup on all claim related costs incurred by Contractor. Contractor shall retain sole authority and control over prosecution of the CONTRACTOR as soon as the event leading to claim, including how and by which party the claim is discovered by the COUNTYpresented, and settlement. CONTRACTOR In all cases, Subcontractor shall respond cooperate fully, diligently, and timely in writing within fifteen (15) calendar days of receipt prosecution of the claim, as Contractor directs, and shall be responsible for the preparation and maintenance of all necessary substantiating data and proof. If Subcontractor will indemnify and hold Contractor harmless from any counterclaims asserted by Owner arising out of or related to the Subcontract Work and/or the prosecution of the claim. § 6.2.5 Subcontractor shall be bound by the outcome on the Pass-Through Claim. In the event the claim cannot be resolvedis settled, the COUNTY shall have the option to submit the matter to mediation as set forth decided, arbitrated, or adjudicated in (C)(2) above. E. Arbitration shall not be considered as a means favor of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruptionSubcontractor, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR Subcontractor shall be entitled to extensions that portion of the contract time recovery specifically allocated to Subcontractor thereunder, or as may be equitable under the sole circumstances if no such allocation is made, which in any case shall be payable by Contractor only out of funds actually received by Contractor from Owner on the settlement, decision, judgment, or award. Contractor shall be entitled to seek overhead and exclusive remedy for such resulting delay, in accordance with profit on the claim and to retain any amount allowed or allocated therefor under the extent specifically provided abovesettlement, decision, judgment, or award, from any amounts received from Owner on the claim.

Claims and Disputes. A. Claims by CONTRACTOR shall be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled “Changes in Work”. B. . CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. . Claims by CONTRACTOR shall be resolved in the following manner: 1) : Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) . If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. . Claims by the COUNTY against CONTRACTOR shall be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C)(2) above. E. . Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled “Changes in Work”. B. CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall be resolved in the following manner: 1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. Claims by the COUNTY against CONTRACTOR shall be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C)(2) above. E. Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.SAMPLE

Claims and Disputes. A. 13.1 The tenn "Claimn as used herein shall mean any and all demands made by one party hereunder against the other party, whether such demand be for money, time or the assertion of any right or obligation that arises out of the Contract Documents. Construction Managem•nt Agreement CONSTRUCTION MANAGEMENt SERVICES ON A CONTINUING BASIS HCPSCM •t (t-IOCJtni«s-loal tSOSZill NOVEMBER 1&, 2010 13.2 Initial notice of Claims by CONTRACTOR Construction Contractor shall be made in writing to the COUNTY Owner and Design Professional within two fourteen (214) business calendar days after the commencement first day of the event giving rise to such claim Claim or CONTRACTOR else Consbuction Contractor shaJJ be deemed to have waived the Claim. Written supporting data shall be submitted to Owner and Design Professional within thirty (30) calendar days after the occurrence of the event, unless Owner grant-; additional time in writing, or else Constluction Contractor shall be deemed to have waived the claimClaim. All claims Claims shall be priced in accordance with the section in this document entitled “Changes in Work”provisions ofParagraph 12.5 hereof. B. CONTRACTOR 13.3 Construction Contractor shall proceed diligently with its performance perfonnance as directed by the COUNTYOwner, regardless of any pending claim, action, suit, or administrative proceedingClaim, unless otherwise agreed to by the COUNTY Owner in writing. The COUNTY shall Owner shalJ continue to make payments on the undisputed portion of the contract in accordance with the contract documents Contnlct Documents during the pendency of any claimClaim. C. Claims 13.4 Prior to the initiation of any action or proceeding pennitted by CONTRACTOR shall be resolved in this Contract to resolve disputes between the following manner: 1) Upon receiving the claim and supporting dataparties, the COUNTY parties shall within fifteen (15) calendar days respond make a good faith effort to resolve any such disputes by negotiation between representatives with decision-making power. Failing resolution, and prior to the claim commencement of depositions in writing stating that any litigation between the claim is either approved or denied. If deniedparties with respect to the Project, the COUNTY parties shall specify attempt to resolve the grounds for denialdispute through mediation before an agreed- upon Circuit Court Mediator certified by the State of Florida. The CONTRACTOR shall then have fifteen (15) calendar days in which Should either party fail to provide additional supporting documentation, or submit to notify the COUNTY that the original claim stands mediation as is. 2) If the claim is not resolvedrequired hereunder, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each other party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in request a court of competent jurisdiction law to order mediation under Florida Statutes Section 44.102. 13.5 Any litigation between Owner and Construction Contractor (which tenn for the purposes of this subparagraph shall include Construction Contractor's surety), whether arising out of any Claim or arising out of the Contract or any breach theJ·eof, shall be brought, maintained and pursued only in the appropriate State courts of the State of Florida; and Owner and Construction Contractor each hereby waive and renounce any and all rights and options which they, or either of them.have or might have to bring or maintain any such litigation or action in the Federal Court system of the United States or in any United States Federal District Court. Venue of any such litigation between Owner and Construction Contractor shall lie and be only in the appropriate State courts of the State of Florida's Thirteenth Judicial Circuit in and for Lake Hillsborough County, Florida. D. Claims by the COUNTY against CONTRACTOR shall be made in writing . Construction Contractor consents and submits to the CONTRACTOR as soon as jurisdiction of any such court and agrees to accept service of process from the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond State of Florida in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the any matter to mediation as set forth in (C)(2) above. E. Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise submitted to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided abovecourt.

Claims and Disputes. A. Claims by CONTRACTOR 22.1 A Claim is a dispute about which there remains a disagreement as to a Change in the Agreement after following the procedures contained in Section 9 dealing with Changes to the Agreement. The procedure contained in Section 9 is a condition precedent to the filing of a Claim under this Section. 22.2 The parties specifically agree that there shall be made in writing no claims against District or payable by District other than those arising from changes due to Unforeseeable Conditions as defined in 22.3 The parties hereto mutually agree that the resolution of any claim or dispute arising between District and Construction Manager under this Agreement will be resolved pursuant to the COUNTY following: 22.3.1 Any claim that Construction Manager may have under the Agreement shall be submitted to the District within two (2) business fourteen days after of District's notification of its refusal to make a change in the commencement Agreement under Section 9. The Notice of Claim shall be a document issued by Construction Manager for the sole purpose of requesting an adjustment in the Contract Time or Contract Amount and clearly titled "Notice of Claim." Such notice does not constitute a waiver of any and all notice provisions of the event giving rise Government Code. Upon receipt of the Notice of Claim, District and Construction Manager shall then attempt to negotiate a resolution of such claim claim. Failure to present such Notice of Claim within the specified period constitutes a waiver of such claim. Any adjustment to the contract Amount or CONTRACTOR Contract Time, if any, shall be deemed to have waived the claim. All claims shall be priced determined and issued in accordance with Section 9 of this Agreement concerning Changes to the section in this document entitled “Changes in Work”Agreement. B. CONTRACTOR shall proceed diligently with its performance as directed 22.3.2 Any dispute not settled by the COUNTYabove process within sixty (60) days of Construction Manager's submission shall, regardless at District's or Construction Manager's option, be formally mediated. 22.3.3 The preceding steps shall be conditions precedent to the filing of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by litigation. Any litigation between the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR parties shall be resolved commenced and maintained in the following manner: 1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a appropriate court of competent jurisdiction within San Diego County in and for Lake County, Floridathe State of California. D. Claims by 22.3.4 Construction Manager agrees to proceed with all work on the COUNTY against CONTRACTOR shall be made Project pending the outcome of any claim, dispute, mediation, or litigation, and District agrees to make payments for all Work not in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C)(2) abovedispute. E. Arbitration 22.3.5 Construction Manager shall not be considered manage its consultants and subconsultants and the Trade Contractors so as to avoid any dispute between those entities and District, and it is understood that after assignment of Trade Contracts to Construction Manager (by Board Agenda), Construction Manager shall accept all legal duties and responsibilities, including those pertaining to claims, of an independent contractor functioning as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision shall not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided abovegeneral contractor.

Claims and Disputes. A. Claims by CONTRACTOR shall CONSULTANT will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall CONSULTANT will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work”. B. CONTRACTOR shall CONSULTANT will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall CONSULTANT will be resolved in the following manner: 1) i. Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall CONSULTANT will then have fifteen (15) 15 calendar days in which to ADOPTION AND AMENDMENT FOR PROFESSIONAL CONSULTING SERVICES provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) ii. If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR CONSULTANT may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. iii. Claims by the COUNTY against CONTRACTOR shall CONSULTANT will be made in writing to the CONTRACTOR CONSULTANT as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall CONSULTANT will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. iv. Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. v. No claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR CONSULTANT expressly acknowledges and agrees that CONTRACTOR shall CONSULTANT will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR CONSULTANT for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall CONSULTANT will be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work.”. B. CONTRACTOR shall will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall will be resolved in the following manner: 1) : Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall will then have fifteen (15) 15 calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) . If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. . Claims by the COUNTY against CONTRACTOR shall will be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. . Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYSNo claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall will be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.

Claims and Disputes. A. Claims by CONTRACTOR shall will be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall will be deemed to have waived the claim. All claims shall will be priced in accordance with the section in this document entitled “Changes in Work.”. B. CONTRACTOR shall will proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall will continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by CONTRACTOR shall will be resolved in the following manner: 1) i. □ Upon receiving the claim and supporting data, the COUNTY shall will within fifteen (15) 15 calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall will specify the grounds for denial. The CONTRACTOR shall will then have fifteen (15) 15 calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. 2) ii. □ If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall will be mutually selected by the parties and each party shall will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida. D. iii. □ Claims by the COUNTY against CONTRACTOR shall will be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall will respond in writing within fifteen (15) 15 calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall will have the option to submit the matter to mediation as set forth in (C)(2C)(ii) above. E. iv. □ Arbitration shall will not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. v. □ No claim for damages or any claim other than for an extension of time will be made or asserted against the county by reason of any delays. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall will relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall will receive no damages for delay. This provision shall will not preclude recovery or damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the COUNTY. Otherwise, CONTRACTOR shall will be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above.