Common use of CLAIMS BASED ON DOM’S ACTIONS OR OMISSIONS Clause in Contracts

CLAIMS BASED ON DOM’S ACTIONS OR OMISSIONS. A. NOTICE OF CLAIM. If any action or omission on the part of DOM requiring performance changes within the scope of the Agreement constitutes the basis for a claim by Contractor for additional compensation, damages, or an extension of time for completion, Contractor shall continue with performance of the contract in compliance with the directions or orders of such officials, but by so doing, Contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided: 1. Contractor shall have given written notice to DOM: a. Prior to the commencement of the work involved, if at that time Contractor knows of the occurrence of such action or omission; b. Within thirty (30) days after Contractor knows of the occurrence of such action or omission, if Contractor did not have such knowledge prior to the commencement of the work; or, c. Within such further time as may be allowed by DOM in writing. This notice shall state that Contractor regards the act or omission as a reason which may entitle Contractor to additional compensation, damages, or an extension of time. DOM, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of DOM; 2. The notice required by subparagraph (a) of this paragraph describes, as clearly as practicable at the time, the reasons why Contractor believes that additional compensation, damages, or an extension of time may be remedies to which Contractor is entitled; and, 3. Contractor maintains and, upon request, makes available to DOM within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.

CLAIMS BASED ON DOM’S ACTIONS OR OMISSIONS. A. NOTICE OF CLAIM. If any action or omission on the part of DOM requiring performance changes within the scope of the Agreement constitutes the basis for a claim by Contractor for additional compensation, damages, or an extension of time for completion, Contractor shall continue with performance of the contract in compliance with the directions or orders of such officials, but by so doing, Contractor shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided: 1. Contractor shall have given written notice to DOM: a. Prior prior to the commencement of the work involved, if at that time Contractor knows of the occurrence of such action or omission; b. Within thirty within ninety (3090) days after Contractor knows of the occurrence of such action or omission, if Contractor did not have such knowledge prior to the commencement of the work; or, c. Within within such further time as may be allowed by DOM XXX in writing. This notice shall state that Contractor regards the act or omission as a reason which may entitle Contractor to additional compensation, damages, or an extension of time. DOMXXX, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of DOM; 2. The notice required by subparagraph (a) of this paragraph describes, as clearly as practicable at the time, the reasons why Contractor believes that additional compensation, damages, or an extension of time may be remedies to which Contractor is entitled; and, 3. Contractor maintains and, upon request, makes available to DOM within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.

CLAIMS BASED ON DOM’S ACTIONS OR OMISSIONS. A. NOTICE OF CLAIM. If any action or omission on the part of DOM requiring performance changes within the scope of the Agreement constitutes the basis for a claim by Contractor Contract worker for additional compensation, damages, or an extension of time for completion, Contractor Contract worker shall continue with performance of the contract in compliance with the directions or orders of such officials, but by so doing, Contractor Contract worker shall not be deemed to have prejudiced any claim for additional compensation, damages, or an extension of time for completion; provided: 1. Contractor Contract worker shall have given written notice to DOM: a. Prior to the commencement of the work involved, if at that time Contractor Contract worker knows of the occurrence of such action or omission; b. Within thirty (30) days after Contractor Contract worker knows of the occurrence of such action or omission, if Contractor Contract worker did not have such knowledge prior to the commencement of the work; or, c. Within such further time as may be allowed by DOM XXX in writing. This notice shall state that Contractor Contract worker regards the act or omission as a reason which may entitle Contractor Contract worker to additional compensation, damages, or an extension of time. DOMXXX, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be deemed advisable in the discretion of DOM; 2. The notice required by subparagraph (a) of this paragraph Article describes, as clearly as practicable at the time, the reasons why Contractor Contract worker believes that additional compensation, damages, or an extension of time may be remedies to which Contractor Contract worker is entitled; and, 3. Contractor Contract worker maintains and, upon request, makes available to DOM within a reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for an extension of time in connection with such changes.