Common use of CLAIMS FOR DAMAGES Clause in Contracts

CLAIMS FOR DAMAGES. If the CMR wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMR, the CMR shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMR’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work on which the claim is based deliver to the Owner’s Representative, to the Purchasing Agent, and to the Owner’s Project Manager a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work contemplated as being required, state why such work is not already included within the scope of the Contract Documents, and to the extent B. If the Owner within five (5) Working Days following receipt of such Notice of claim does not direct the CMR otherwise, the CMR shall proceed with the work which is the subject of the claim and within ten (10) calendar days after completion of the work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Manager, and to the Purchasing Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. The Purchasing Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B above, which decision shall be the final determination of the Owner. Failure by the Purchasing Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR of any judicial claim for relief on the claim. The CMR’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR in support of any claim shall extend this six month limitation. D. The CMR shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, or the Purchasing Agent and shall proceed diligently with the performance of the Contract and with any disputed work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. No claim whatsoever shall be made by the CMR against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. In the event the CMR makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.

CLAIMS FOR DAMAGES. 14.1. The Contractor shall have no claim against the Owner for any damages or increased costs from any cause other than intentional, reckless or negligent action by the Owner which results in the damage claimed. The Contractor knowingly and willingly assumes all other risk of damage or loss from any other cause in return for the compensation provided by the Contract. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. 14.2. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work Work on which the claim is based deliver to the Owner’s RepresentativeRepresentative if one has been designated, and to the Purchasing Agent, and to the Owner’s Project Manager a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work Work contemplated as being required, state why such work Work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR Contractor shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.thirty

CLAIMS FOR DAMAGES. If the CMR wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMR, the CMR shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMR’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work on which the claim is based deliver to the Owner’s Representative, to the Purchasing Agent, and to the Owner’s Project Manager a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work contemplated as being required, state why such work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. If the Owner within five (5) Working Days following receipt of such Notice of claim does not direct the CMR otherwise, the CMR shall proceed with the work which is the subject of the claim and within ten (10) calendar days after completion of the work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Manager, and to the Purchasing Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. The Purchasing Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B above, which decision shall be the final determination of the Owner. Failure by the Purchasing Agent to issue a final fina l decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR of any judicial claim for relief on the claim. The CMR’s right to seek judicial appeal of denial denia l of a claim is barred if no suit is filed within six (6) months following the Owner’s final fina l decision. No consideration by the Owner of any additional submissions by the CMR in support of any claim shall extend this six month limitation. D. The CMR shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, or the Purchasing Agent and shall proceed diligently with the performance of the Contract and with any disputed work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial judic ial proceedings. E. No claim whatsoever shall be made by the CMR against any officer, authorized authorize d representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. In the event the CMR makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final fina l resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.

CLAIMS FOR DAMAGES. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims claim’s submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims claim’s submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work on which the claim is based deliver to the Owner’s Representative, to the Purchasing Agent, and to the Owner’s Project Manager Procurement Director/Procurement Agent a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work contemplated as being required, state why such work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. If the Owner within five (5) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Manager, and to the Purchasing Procurement Director/Procurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. The Purchasing Procurement Director/Procurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B above, which decision shall be the final determination of the Owner. Failure by the Purchasing Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR of any judicial claim for relief on the claim. The CMR’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR in support of any claim shall extend this six month limitation. D. The CMR shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, or the Purchasing Agent and shall proceed diligently with the performance of the Contract and with any disputed work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. No claim whatsoever shall be made by the CMR against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. In the event the CMR makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.ninety

CLAIMS FOR DAMAGES. 14.1. The Contractor shall have no claim against the Owner for any damages or increased costs from any cause other than intentional, reckless or negligent action by the Owner which results in the damage claimed. The Contractor knowingly and willingly assumes all other risk of damage or loss from any other cause in return for the compensation provided by the Contract. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. 14.2. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work Work on which the claim is based deliver to the Owner’s Representative, to the Purchasing AgentRepresentative if one has been designated, and to the Owner’s Project Manager Procurement Agent, a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work Work contemplated as being required, state why such work Work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing Procurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing Procurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing Procurement Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing Procurement Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.judicial

CLAIMS FOR DAMAGES. 14.1. The Contractor shall have no claim against the Owner for any damages or increased costs from any cause other than intentional, reckless or negligent action by the Owner which results in the damage claimed. The Contractor knowingly and willingly assumes all other risk of damage or loss from any other cause in return for the compensation provided by the Contract. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essenceas 14.2. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work Work on which the claim is based deliver to the Owner’s Representative, to the Purchasing AgentRepresentative if one has been designated, and to the Owner’s Project Manager Procurement Agent, a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work Work contemplated as being required, state why such work Work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing Procurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing Procurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing Procurement Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing Procurement Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR Contractor shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.thirty

CLAIMS FOR DAMAGES. If 14.1. The Contractor shall have no claim against the CMR wishes to make a claim, whether Owner for extra compensation, any damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMR, the CMR shall comply with the requirements set forth belowincreased costs from any 14.2. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMR’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work Work on which the claim is based deliver to the Owner’s Representative, to the Purchasing AgentRepresentative if one has been designated, and to the Owner’s Project Manager Procurement Agent, a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work Work contemplated as being required, state why such work Work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing Procurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing Procurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing Procurement Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing Procurement Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR Contractor shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.from

CLAIMS FOR DAMAGES. 14.1. The Contractor shall have no claim against the Owner for any damages or increased costs from any cause other than intentional, reckless or negligent action by the Owner which results in the damage claimed. The Contractor knowingly and willingly assumes all other risk of damage or loss from any other cause in return for the compensation provided by the Contract. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. 14.2. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work Work on which the claim is based deliver to the Owner’s Representative, to the Purchasing AgentRepresentative if one has been designated, and to the Owner’s Project Manager PurchasingProcurement Agent, a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work Work contemplated as being required, state why such work Work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing PurchasingProcurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing PurchasingProcurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing PurchasingProcurement Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing PurchasingProcurement Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR Contractor shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.thirty

CLAIMS FOR DAMAGES. 14.1. The Contractor shall have no claim against the Owner for any damages or increased costs from any cause other than intentional, reckless or negligent action by the Owner which results in the damage claimed. The Contractor knowingly and willingly assumes all other risk of damage or loss from any other cause in return for the compensation provided by the Contract. If the CMR Contractor wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMRContractor, the CMR Contractor shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMRContractor’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. 14.2. The CMR Contractor must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work on which the claim is based deliver to the Owner’s Representative, to the Purchasing Agent, and to the Owner’s Project Manager a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work contemplated as being required, state why such work is not already included within the scope of the Contract Documents, and to the extentthe B. 14.3. If the Owner within five ten (510) Working Days following receipt of such Notice of claim does not direct the CMR Contractor otherwise, the CMR Contractor shall proceed with the work Work which is the subject of the claim and within ten (10) calendar days Days after completion of the work Work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Managerif one has been designated, and to the Purchasing Procurement Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. 14.4. The Purchasing Procurement Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B Article 14.2 above, which decision shall be the final determination of the Owner. Failure by the Purchasing Procurement Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR Contractor of any judicial claim for relief on the claim. The CMRContractor’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR Contractor in support of any claim shall extend this six six-month limitation. D. 14.5. The CMR Contractor shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, Representative or the Purchasing Procurement Agent and shall proceed diligently with the performance of the Contract and with any disputed work Work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. 14.6. No claim whatsoever shall be made by the CMR Contractor against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. 14.7. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. 14.8. In the event the CMR Contractor makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR Contractor shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. 14.9. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR Contractor shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.thirty

CLAIMS FOR DAMAGES. If the CMR wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMR, the CMR shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMR’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim. A. The CMR must at the time of the discovery of the occurrence of the event giving rise to the claim and before beginning any work on which the claim is based deliver to the Owner’s Representative, to the Purchasing Agent, and to the Owner’s Project Manager a written statement identifying itself as a Notice of claim, stating the circumstances of the occurrence, specifying the additional work contemplated as being required, state why such work is not already included within the scope of the Contract Documents, and to the extentextent reasonably foreseeable estimate the anticipated amount of the claim. B. If the Owner within five (5) Working Days business days following receipt of such Notice of claim does not direct the CMR otherwise, the CMR shall proceed with the work which is the subject of the claim and within ten (10) calendar days after completion of the work for which additional compensation is claimed shall submit in writing to the Owner’s Representative, to the Owner’s Project Manager, and to the Purchasing Agent a written itemization of the actual additional compensation claimed, with all supporting documentation. C. The Purchasing Agent or his designee shall make a determination within ninety (90) days after receipt of the submission described in Subparagraph B above, which decision shall be the final determination of the Owner. Failure by the Purchasing Agent to issue a final decision shall be deemed a final decision to deny the claim as of the ninetieth (90th) day. A final decision by the Owner shall be a condition precedent to institution by the CMR of any judicial claim for relief on the claim. The CMR’s right to seek judicial appeal of denial of a claim is barred if no suit is filed within six (6) months following the Owner’s final decision. No consideration by the Owner of any additional submissions by the CMR in support of any claim shall extend this six month limitation. D. The CMR shall comply with all directions and decisions of the Owner’s Representative, the Owner’s Project Manager, or the Purchasing Agent and shall proceed diligently with the performance of the Contract and with any disputed work pending final resolution of any claim or dispute. “Final resolution” shall include the exhaustion of all judicial proceedings. E. No claim whatsoever shall be made by the CMR against any officer, authorized representative or employee of the Owner or Owner’s Representative for, or on account of, anything done or omitted to be done in connection with this Contract. F. Failure of the Owner at any time to require compliance with any term or condition of the Contract Documents or of any claims submissions requirements shall not be deemed a waiver of such term, condition, or requirement, or a waiver of the subsequent enforcement thereof. G. In the event the CMR makes a claim for additional compensation other than for damages related to delay which results in litigation, if the Owner substantially prevails in such litigation the CMR shall indemnify and hold the Owner harmless from any and all reasonable attorneys’ fees, litigation costs of all types, and expert witness fees and costs, arising from or related to such claim and litigation. Any claim for delay damages shall be subject to the provisions of Va. Code. Xxx. § 2.2-4335. H. If additional compensation is granted as to any claim, either by consent of the Owner or by judicial decision, the CMR shall not be entitled to recover any interest on any amounts claimed to be due from the Owner which are the subject of a good faith dispute by the Owner which are paid within thirty (30) days following final resolution of such dispute. Interest shall accrue on any claim not paid within such thirty (30) days at the legal rate of six percent (6%) per annum simple interest commencing on the date of such final resolution. I. No claims provision in this Agreement waives the Owner’s sovereign immunity or waives the ability of the Owner to invoke sovereign immunity where sovereign immunity may be applicable.