Common use of Claims for Payment Clause in Contracts

Claims for Payment. All Contractor claims shall be initiated by written notice and claim to the Owner and the Project Manager. 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. Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph shall be reflected by a Change Order executed by the Owner, the Project Manager and the Contractor. 5.7.1 The written notice required hereinabove shall set forth in detail all known facts in support of such Claim and shall cite any applicable provisions of the Contract Documents. Such written notice shall also set forth with specificity all amounts being claimed. Upon discovering an event or condition forming the basis of a Claim for an increase in the Contract Sum or an extension of the Contract Time, the Contractor shall, until the Claim is resolved, commence to maintain separate records evidencing all costs and delays incurred in connection with the event or condition forming the basis of the Claim. The Contractor no later than thirty (30) days after the date of submission of the written notice of Claim, shall submit a formal written Claim which shall include at least the following information (1) a concise statement of the occurrence(s) supporting the Claim, dispute or other matter, and the relief sought; (2) identification of the facts giving rise to the Claim, dispute or other matter; (3) the date the Contractor discovered the occurrence(s); (4) a detailed schedule identifying all costs resulting from the Claim, dispute or other matter;

Claims for Payment. All Contractor claims shall be initiated by written notice and claim to the Owner and the Project Manager. 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. Pending final resolution of any claim of the Contractor, the Contractor shall diligently proceed with performance of this Contract and the Owner shall continue to make payments to the Contractor in accordance with this Contract. The resolution of any claim under this Paragraph shall be reflected by a Change Order executed by the Owner, the Project Manager and the Contractor. 5.7.1 The written notice required hereinabove shall set forth in detail all known facts in support of such Claim and shall cite any applicable provisions of the Contract Documents. Such written notice shall also set forth with specificity all amounts being claimed. Upon discovering an event or condition forming the basis of a Claim for an increase in the Contract Sum or an extension of the Contract Time, the Contractor shall, until the Claim is resolved, commence to maintain separate records evidencing all costs and delays incurred in connection with the event or condition forming the basis of the Claim. The Contractor no later than thirty (30) days after the date of submission of the written notice of Claim, shall submit a formal written Claim which shall include at least the following information (1) a concise statement of the occurrence(s) supporting the Claim, dispute or other matter, and the relief sought; (2) identification of the facts giving rise to the Claim, dispute or other matter; (3) the date the Contractor discovered the occurrence(s); (4) a detailed schedule identifying all costs resulting from the Claim, dispute or other matter;; (5) documentation supporting the schedule; (6) identification of any impact the Claim, dispute or other matter has on the critical path schedule; and (7) all correspondence, internal memoranda, progress notes, and other documentation relating to the events which form the basis of the Claim, dispute or other matter. The formal Claim shall be verified under oath as to its truthfulness by an officer of the Contractor. The failure to provide a Claim as set forth herein, or the failure to provide such other documents or information requested by the Owner within ten (10) days after written request, shall constitute a waiver of any Claim for additional compensation or time extension related thereto. 5.7.2 In any event any claim is not resolved by agreement between the parties, it is agreed that the dispute shall be subject to litigation in the Superior Court of Union County and said Court shall have exclusive venue and jurisdiction over the suit and the parties.