Common use of Claims/Disputes Clause in Contracts

Claims/Disputes. The Contractor agrees to prosecute the work continuously and diligently and that compensation or extension of time resulting from delays, not the fault of the Contractor shall be settled by agreement with City Purchasing Agent or his/her designee. The City Purchasing Agent or his/her designee shall in all cases determine the amount or quantity and acceptability of the work and materials which are to be paid for under the Agreement, shall decide all questions in relation to said work and the performance thereof, and shall, in all cases, decide questions which may arise relative to the fulfillment of the Agreement or to the obligations of the Contractor thereunder. To prevent disputes and litigation, where the Contractor is not satisfied with the decision of the City Purchasing Agent or his/her designee, the Contractor shall submit the claim to the Board of Estimates of Baltimore City, which will decide any dispute between the Contractor and the City, and its determination, decision and/or estimate shall be a condition precedent to the right of the Contractor to receive any monies under the Agreement, and is subject to review on the record by a court of competent jurisdiction.

Claims/Disputes. The Contractor CONSULTANT agrees to prosecute the work continuously and diligently and that compensation or extension of time resulting from delays, not the fault of the Contractor CONSULTANT shall be settled by agreement with the of the head of the City Purchasing Agent agency or his/her designee. The City Purchasing Agent or his/her designee Engineer shall in all cases determine the amount or quantity and acceptability of the work and materials which are to be paid for under the this Agreement, shall decide all questions in relation to said work and the performance thereof, and shall, in all cases, decide questions which may arise relative to the fulfillment of the this Agreement or to the obligations of the Contractor CONSULTANT thereunder. To prevent disputes and litigation, where the Contractor CONSULTANT is not satisfied with the decision of the City Purchasing Agent Engineer, the CONSULTANT shall submit the claim to the head of the City agency or his/her designee, the Contractor shall submit the claim to the Board of Estimates of Baltimore City, which who will decide any dispute between the Contractor CONSULTANT and the CityCITY, and its his/her determination, decision and/or estimate shall be a condition precedent to the right of the Contractor CONSULTANT to receive any monies under the this Agreement, and is subject to review on the record by a court of competent jurisdiction.