Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions:
Claims by the Contractor. 8.1.1 All Contractor claims shall be initiated by written notice and claim to the City. Such written notice and claim must be furnished within seven (7) days after occurrence of the event, or the first appearance of the condition, giving rise to the claim.
Claims by the Contractor. 3.3.1 Liquidated damages for delay, if provided for in Section 9.3 of this Agreement, shall be assessed against the Subcontractor only to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising outside the scope of this Subcontract.
Claims by the Contractor. § 3.4.1 If Subcontractor defaults in performance of the Work or otherwise commits any act which causes delay to the Prime Contract work or the work of others on the Project, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Any liquidated damages for delay imposed by the Owner or Contractor shall only be assessed against the Subcontractor to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable.
Claims by the Contractor. 5.4.1 Liquidated damages, if provided for in the Prime Contract, shall be assessed against the Subcontractor only to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising outside the scope of the applicable Subcontract.
Claims by the Contractor for damages due to delay or inaccessibility of the services of EGroupware GmbH are limited to the amount of that part of the services which cannot be used as intended by this contract, due to the aforementioned inaccessibility or delay.
Claims by the Contractor. § 3.4.1 The Subcontractor shall be responsible for liquidated damages to the extent provided for in the Contract Documents for delays caused by or contributed to be caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, including all or a portion of any liquidated damages assessed by the Owner against the Contractor attributable in whole or in part to such Subcontractor-caused delays. In addition, the Subcontractor shall be responsible for actual damages to the Contractor caused or contributed to be caused by Subcontractor delay or any person or entity for whom the Subcontractor is responsible. In the event liquidated damages or actual damages, or both, are caused by the Subcontractor and another entity, the Contractor shall have the right to reasonably apportion the damages between the parties, and such apportionment shall be binding on the Subcontractor.
Claims by the Contractor. § 3.4.1Any liquidated damages for delay imposed by the Owner or Contractor, shall be assessed against the Subcontractor only to the extent caused by the Subcontractor or any person or entity for whose acts the Subcontractor may be liable, and in no case for delays or causes arising outside the scope of this Subcontract. execute the Work shall require .1 two days’ written notice prior to the Contractor’s providing services or materials, except in an emergency; and .2 written compilations to the Subcontractor of services and materials provided by the Contractor and charges for such services and materials no later than the fifteenth day of the month following the Contractor’s providing such services or materials.
Claims by the Contractor. The Subcontractor shall be liable to the Contractor for any and all damages sustained by the Contractor due to improperly performed work, incomplete work, poor workmanship, defective material(s) and/or delays in the prosecution of the work by the Subcontractor. The liability of Contractor to the Subcontractor for delays or other injuries to the Subcontractor due to the acts, neglect, or default of the Customer shall be limited to any amounts which are recovered by the Contractor, in cooperation with the Subcontractor, as provided herein from Customer with respect to delays or other injuries. Except as provided in the preceding sentence, the Contractor shall not be liable to the Subcontractor for delay or other injury caused by reason of fire, or other casualty, or on account of riots, strikes, or other combined actions of workmen or others, or on account of any acts of God, the impacts or limitations arising out of epidemics, pandemics, infectious disease, or any other cause beyond Contractor’s control or on account of circumstances caused or contributed to by the Subcontractor. Contractor shall not be liable to Subcontractor for damages incurred due to delays, disruption, or acceleration. Should the Subcontractor be delayed in its work by the Contractor or the other subcontractors of Contractor, then Contractor shall owe the Subcontractor only an extension of time for completion equal to the delay caused, and then only if a written claim for delay is made to the Contractor within forty-eight (48) hours from inception of the delay.
Claims by the Contractor against the District: Claim, as used in paragraph (a) of this clause, means a written assertion by the Contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant.
a. All claims by a Contractor against the District arising under or relating to a contract shall be in writing and shall be submitted to the CO for a decision. The Contractor’s claim shall contain at least the following:
i. A description of the claim and the amount in dispute;
ii. Data or other information in support of the claim;
iii. A brief description of the Contractor’s efforts to resolve the dispute prior to filing the claim; and
iv. The Contractor’s request for relief or other action by the CO.
b. The CO may meet with the Contractor in a further attempt to resolve the claim by agreement.
c. The CO shall issue a decision on any claim within 120 calendar days after receipt of the claim. Whenever possible, the CO shall take into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the Contractor.
d. The CO’s written decision shall do the following:
i. Provide a description of the claim or dispute;
ii. Refer to the pertinent contract terms;
iii. State the factual areas of agreement and disagreement;
iv. State the reasons for the decision, including any specific findings of fact, although specific findings of fact are not required and, if made, shall not be binding in any subsequent proceeding;
v. If all or any part of the claim is determined to be valid, determine the amount of monetary settlement, the contract adjustment to be made, or other relief to be granted;
vi. Indicate that the written document is the CO’s final decision; and
vii. Inform the Contractor of the right to seek further redress by appealing the decision to the Contract Appeals Board.
e. Failure by the CO to issue a decision on a contract claim within 120 days of receipt of the claim will be deemed to be a denial of the claim, and will authorize the commencement of an appeal to the Contract Appeals Board as provided by D.C. Official Code § 2-360.04.
f. If a contractor is unable to support any part of its claim and it is determined that ...
