CLAIMS RELATING TO OWNER. The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor's request and expense to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Contractor agrees to exhaust through Owner the remedies available under the Prime Contract, including suit for breach of contract against Owner. If Contractor has a claim or dispute, Contractor may proceed in accordance with the Section of this Master Agreement entitled “CHOICE OF LAW/VENUE”. Contractor agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of construction and the Contractor shall continue with Contractor’s Work as directed.
CLAIMS RELATING TO OWNER. Subcontractor agrees to make, and pursue to resolution, all claims for extension of time, damages for delay or otherwise, arising out of or relating to changes directed by Owner, deficiencies in the Contract Documents, or other acts or omissions for which Owner is or may be liable to Contractor, in the manner and time provided in the Contract Documents for like claims by Contractor upon Owner; such claims must be made by Subcontractor a reasonable time before Contractor is required to make such claim against Owner, within seven (7) calendar days prior to the beginning of such Subcontractor’s Work or the event or situation for which the claim is to be made, or immediately upon Subcontractor’s first knowledge of the event or situation, whichever first occurs. Subcontractor agrees to be bound to Contractor to the same extent that Contractor is bound to Owner both by the terms of the Prime Contract and by any and all decisions or determinations made thereunder by the party or entity so authorized in the Prime Contract, if applicable. In the event the Prime Contract contains a provision, hereinafter called Disputes Clause, whereby claims may be resolved under an administrative procedure or by arbitration, then as to any claims of Subcontractor for or on account of acts or omissions of Owner or Designer which are not disposed of by agreement, Contractor agrees to aid and cooperate with Subcontractor and to present to Owner, in Contractor’s name, all of Subcontractor’s claims for additional monetary compensation or time extension that Contractor can certify in good faith to Owner; and to further invoke, on behalf of Subcontractor, those provisions in the Prime Contract for determining disputes. Contractor shall have the option to present such claims upon Subcontractor’s behalf, in advance of and without Subcontractor’s written request or consent. Subcontractor shall have full responsibility for preparation and presentation of such claims and shall bear all expenses thereof, including all attorneys’ fees. Subcontractor agrees to be bound by the procedure and final determination as to any such claims and will pursue no independent litigation with respect thereto, pending final determination under such Disputes Clause. Subcontractor shall not be entitled to receive any greater amount from Contractor than Contractor is entitled to and actually does receive from Owner on account of Subcontractor’s Work, less five percent (5%) or Two Hundred Dollars ($200.00), whicheve...
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims for which the Owner and/or another subcontractor is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and/or another subcontractor. The Subcontractor also agrees to make such claims in sufficient time for the Contractor to initiate such claims against the Owner and/or another subcontractor in accordance with the Subcontract Documents. At the Subcontrac- tor’s request and expense, to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcon- tractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. Agree to make all claims for which the Owner is or may be liable in the manner provided in the contract documents. Notice of such claims shall be given by the Material Supplier to the Contractor immediately upon the Material Supplier's first knowledge of the event, otherwise, such claims may be deemed invalid.
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Architect or Engineer agrees to exhaust through Owner the remedies available under the Contract Documents, including suit for breach of contract against Owner. Architect or Engineer agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of the work and the Architect or Engineer shall continue with Architect or Engineer’s Work as directed.
CLAIMS RELATING TO OWNER. If Subcontractor submits a claim arising out of or relating to problems caused by or which are the responsibility of the Owner and/or Architect/Engineer, Subcontractor expressly agrees to be bound to Contractor to the same extent that Contractor is bound to Owner by the terms of the Contract Documents and by any and all decisions or determinations made by a Court or by the party or board so authorized in the Contract Documents to decide disputes between Contractor and Owner, whether or not Subcontractor is a party to such proceedings, and shall be entitled only to its proportionate share of any actual recovery obtained by Contractor from Owner, less overhead and profit to Contractor and less Contractor's and legal and consultant fees in handling said matter. Contractor agrees to present to Owner, in Contractor's name, and, if necessary, to invoke the disputes provision of the Contract Documents, claims of Subcontractor for extras and equitable adjustments, timely submitted, whenever the Contract Documents permit Contractor to do so, and Contractor reasonably believes such claim is valid. Subcontractor agrees to furnish all documents, statements, witnesses and other information required by Contractor or Owner for investigating and presenting Subcontractor's claims. Contractor has final authority to settle all claims submitted to Owner. The Subcontractor shall post whatever security may be reasonably required by Contractor to cover Contractor's anticipated costs and expenses prior to and as a condition precedent to Contractor's proceeding on Subcontractor's behalf.
CLAIMS RELATING TO OWNER. If Subcontractor submits a claim to Contractor arising out of or relating to issues that Contractor, in its sole discretion, believes are caused by or are the contractual responsibility of Owner (“Owner-Related Claims”), then Contractor agrees to present such claim to Owner. Subcontractor recognizes and agrees that such Owner-Related Claims shall be submitted and resolved pursuant to the requirements of the contract between Contractor and Owner and that Subcontractor shall be bound to Contractor to the same extent that Contractor is bound to Owner for such Owner-Related Claims. Nothing herein shall require Contractor to submit or certify a claim of Subcontractor when Contractor cannot do so in good faith. Subcontractor agrees, at its sole expense, to furnish all documents, statements, witnesses and other information required by Contractor for investigating and presenting Subcontractor's claims and to pay or reimburse Contractor for all expenses and costs, including Contractor’s legal and expert fees, incurred in connection with presenting Subcontractor's claims. If Contractor’s claim submission to Owner involves more than one subcontractor, Subcontractor agrees that it shall contribute a fair and proportionate share of the expenses and costs, including Contractor’s legal fees, of advancing the claims. Contractor has final authority to settle all Owner-Related Claims and, notwithstanding any other provisions in this Subcontract Agreement or the Contract Documents to the contrary, Subcontractor agrees that its recovery for Owner-Related Claims shall be limited to the relief Contractor has recovered from Owner for Subcontractor’s claim, whether or not Subcontractor is a party to such proceedings involving such claims. Subcontractor agrees that it shall exhaust through Contractor the remedies available under Contractor’s contract with Owner for Owner-Related Claims, including the initiation of litigation or arbitration, as applicable, against Owner through Contractor.
CLAIMS RELATING TO OWNER. Subcontractor agrees to make all claims for which Owner is or may be liable in the manner and within the time limits provided in the Contract Documents for like claims by CH2M HILL upon Owner and, in any event, in sufficient time for CH2M HILL to make such claims against Owner in accordance with the Contract Documents Such claims are subject to the requirements and limitations of Paragraph 11.9 of this Subcontract (“Paragraph 11.3 Claims”). If no time limit is provided elsewhere in the Contract Documents, Subcontractor shall notify CH2M HILL of its claim for adjustment within five (5) days.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents, for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor’s request and expense, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontractor Documents for like claims by the Contractor upon the Owner. The Subcontractor agrees that the liability of the Contractor to the Subcontractor for any claim against the Owner under the Subcontractor Documents is liquidated and limited to whatever is paid by the Owner to the Contractor for the Subcontractor's claim(s), less whatever amount is included as mark- up in said claim for the Contractor. The Contractor shall have no obligation to pay the Subcontractor for any change, additional cost, or extra Work incurred by the Subcontractor, nor to extend the time for performance for any changes, additions, or deletions caused by the Owner or Architect/Engineer unless such price change or time extension is approved in writing by the Owner or its authorized representative. The Subcontractor further agrees that the remedy afforded herein with respect to disputes, which are properly the subject of claim(s) against the Owner, shall be the Subcontractor's sole and exclusive remedy with respect to said disputes.
