Common use of CLAIMS FOR ADJUSTMENT AND DISPUTES Clause in Contracts

CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional compensation is due for Work or Materials not clearly provided for in the Contract Documents or not previously authorized, the Contractor shall notify the Engineer in writing of his/her intention to claim such additional compensation within 21 calendar days after either occurrence of the event giving rise to such claim or within 21 calendar days after the Contractor first recognizes the condition giving rise to such claim, whichever comes first, and, in all cases, the Contractor shall also notify the Engineer in writing of his/her intention to claim such additional compensation before beginning the work on which the claim is based. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation and time. Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within five (5) Calendar Days, update his/her written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Contractor will submit the proposal within ten (10) days. Pending final resolution of a claim, the Contractor shall proceed diligently with performance of the Work and its obligations under the Contract Documents.β€Œ

Appears in 7 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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