Common use of Claims Presentation Clause in Contracts

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages: 25.4.1.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 The Claim shall include the following certification by Developer: 25.4.1.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 Furthermore, Xxxxxxxxx understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 Developer shall bear all costs incurred in the preparation and submission of a Claim. 25.4.3 Failure to timely submit a Claim and the requisite supporting documentation shall constitute a waiver of Developer’s claim(s) against the District and Developer’s Claim(s) for compensation or an extension of time shall be deemed waived, released, and discharged as to any entitlement for adjustment to Guaranteed Maximum Price and/or Contract Time.

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 25.4.2 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Contract Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 25.4.3 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages. 25.4.4 The Claim shall identify: 25.4.1.2.1 25.4.4.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 25.4.4.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 25.4.4.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 25.4.4.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 25.4.4.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 25.4.5 The Claim shall include the following certification by Developer: 25.4.1.3.1 25.4.5.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 25.4.5.2 Furthermore, Xxxxxxxxx Developer understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 25.4.6 Developer shall bear all costs incurred in the preparation and submission of a Claim. 25.4.3 25.4.7 Failure to timely submit a Claim and the requisite supporting documentation shall constitute a waiver of Developer’s claim(s) against the District and Developer’s Claim(s) for compensation or an extension of time shall be deemed waived, released, and discharged as to any entitlement for adjustment to Guaranteed Maximum Contract Price and/or Contract TimeTime adjustment.

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 13.3.1 If Developer DBE intends to submit a Claim apply for an increase in the Guaranteed Maximum Price and/or GMP or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer DBE shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price GMP or Contract Time, as provided belowtime requested, including a Time Impact Schedule Analysis and any and all other documentation substantiating DeveloperDBE’s claimed damages. Otherwise, DBE shall have waived and relinquished its dispute against the District and DBE's claims for compensation or an extension of time shall be forfeited and invalidated. 13.3.2 The Claim shall identify: 25.4.1.2.1 13.3.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 13.3.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer DBE to an increase in the Guaranteed Maximum Price GMP or Contract Time; 25.4.1.2.3 13.3.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum PriceGMP, Contract Project Schedule milestones Milestones and/or Contract Time adjustments; 25.4.1.2.4 13.3.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 13.3.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim; or 13.3.2.6 A request by DBE, if any, to waive the claims procedure under Public Contract Code section 9204 and proceed directly to the commencement of a civil action or binding arbitration. 25.4.1.3 13.3.3 The Claim shall include the following certification by Developerthe DBE: 25.4.1.3.1 13.3.3.1 The undersigned Developer DBE certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx DBE believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developerthe DBE. 25.4.1.3.2 13.3.3.2 Furthermore, Xxxxxxxxx DBE understands that the value of the attached dispute expressly includes any and all of Developerthe DBE’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. DBE may not separately recover for overhead or other indirect costs. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 Developer 13.3.4 DBE shall bear all costs incurred in the preparation and submission of a Claimclaim. 25.4.3 13.3.5 Failure to timely submit a Claim claim and the requisite supporting documentation shall constitute a waiver of DeveloperDBE’s claim(s) against the District and DeveloperDBE’s Claim(s) claims for compensation or an extension of time shall be deemed waived, released, forfeited and discharged as to any entitlement for adjustment to Guaranteed Maximum Price and/or Contract Timeinvalidated.

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Contract Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages: 25.4.1.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 The Claim shall include the following certification by Developer: 25.4.1.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 Furthermore, Xxxxxxxxx understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 Developer shall bear all costs incurred in the preparation and submission of a Claim. 25.4.3 Failure to timely submit a Claim and the requisite supporting documentation shall constitute a waiver of Developer’s claim(s) against the District and Developer’s Claim(s) for compensation or an extension of time shall be deemed waived, released, and discharged as to any entitlement for adjustment to Guaranteed Maximum Contract Price and/or Contract Time.

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Contract Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages: 25.4.1.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 The Claim shall include the following certification by Developer: 25.4.1.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 Furthermore, Xxxxxxxxx Developer understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 Developer shall bear all costs incurred in the preparation and submission of a Claim. 25.4.3 Failure to timely submit a Claim and the requisite supporting documentation shall constitute a waiver of Developer’s claim(s) against the District and Developer’s Claim(s) for compensation or an extension of time shall be deemed waived, released, and discharged as to any entitlement for adjustment to Guaranteed Maximum Contract Price and/or Contract Time.

Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages: 25.4.1.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 The Claim shall include the following certification by Developer: 25.4.1.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 Furthermore, Xxxxxxxxx Developer understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project including, without limitation, cumulative impacts. Any costs, expenses, damages, or time extensions not included are deemed waived. 25.4.2 Developer shall bear all costs incurred in the preparation and submission of a Claim. 25.4.3 Failure to timely submit a Claim and the requisite supporting documentation shall constitute a waiver of Developer’s claim(s) against the District and Developer’s Claim(s) for compensation or an extension of time shall be deemed waived, released, and discharged as to any entitlement for adjustment to Guaranteed Maximum Price and/or Contract Time.