Common use of Conditions for Design/Builder Claims Clause in Contracts

Conditions for Design/Builder Claims. Claims by the Design/Builder against the Owner are subject to the following terms and conditions: .1 All Design/Builder claims against the Owner shall be initiated by a written claim submitted to the Owner’s Representative. Such claim must be received by the Owner’s Representative no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim, and must set forth in detail all known facts and circumstances supporting the claim and such claim must designate whether the claim affects the Design Services and Work; .2 The Design/Builder and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Design/Builder; .3 In the event the Design/Builder seeks to make a claim for an increase in the Fixed Contract Price, as a condition precedent to any liability of the Owner therefore, the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above, and such claim shall be made by the Design/Builder before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall .4 In connection with any claim by the Design/Builder against the Owner for an increase in the Fixed Contract Price, any liability of the Owner shall be strictly limited to the actual costs incurred by the Design/Builder and a total mark-up of no greater than 15% for all overhead, all indirect costs, and profit of Design/Builder and its Subcontractors, suppliers, consultants and agents, and shall in no event include consequential damages of the Design/Builder. The Owner shall not be liable to the Design/Builder for claims of third parties, including Subcontractors, unless and until liability of the Design/Builder has been established therefore in a court of competent jurisdiction; .5 In the event the Design/Builder should be delayed in performing any task which at the time of the delay is then critical or which during the delay becomes or may become critical to the extent attributable to any act or omission by the Owner or someone acting in the Owner’s behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, unavoidable accidents beyond Design/Builder’s control, fire, active interference by third parties with Design/Builder’s duties on-site, or other acts of God, all relating to the Project site, the date for achieving Substantial Completion, or, as applicable, Final Completion, shall be appropriately adjusted by the Owner upon the written claim of the Design/Builder, in accordance with Subparagraph 16.3(1), as the Design/Builder’s sole remedy. A task is critical within the meaning of this Subparagraph 16.3(5) if, and only if, said task is on the critical path of the project schedule so that a delay in performing such task will delay the Substantial or Final Completion of the Project. Any claim for an extension of time by the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above. If the Design/Builder fails to make such claim as required in this Subparagraph 16.3(5), any claim for an extension of time shall be waived. .6 An extension of the Contract Time will be the Design/Builder’s sole remedy for any delays of Design/Builder, whether or not delays are caused by Owner, Owner’s Representative and whether or not such delays are foreseeable, unless delays are caused by acts of the Owner which constitute active interference with Design/Builder’s performance of the Work, and only to the extent such acts continue after the Design/Builder furnishes the Owner with written notice of such interference. In no other event shall the Design/Builder be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents, including, without limitation, ordering changes in the Work, direct suspension, or correction of the Work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the Design/Builder’s performance of the Work. .7 If the Design/Builder submits a schedule or progress report indicating, or otherwise expressing an intention to achieve completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Design/Builder for any failure of the Design/Builder to so complete the Work shall be created or implied. However, Owner agrees to reasonably cooperate with requests of Design/Builder to accelerate the Work.

Conditions for Design/Builder Claims. Claims by the Design/Builder against the Owner are subject to the following terms and conditions: .1 All Design/Builder claims against the Owner shall be initiated by a written claim submitted to the Owner’s Representative. Such claim must be received by the Owner’s Representative no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim, and must set forth in detail all known facts and circumstances supporting the claim and such claim must designate whether the claim affects the Design Services and Work; .2 The Design/Builder and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Design/Builder; .3 In the event the Design/Builder seeks to make a claim for an increase in the Fixed Contract Price, as a condition precedent to any liability of the Owner therefore, the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above, and such claim shall be made by the Design/Builder before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall shall constitute a waiver by the Design/Builder of any claim for additional compensation; .4 In connection with any claim by the Design/Builder against the Owner for an increase in the Fixed Contract Price, any liability of the Owner shall be strictly limited to the actual costs incurred by the Design/Builder and a total markxxxx-up of no greater than 15% for all overhead, all indirect costs, and profit of Design/Builder and its Subcontractors, suppliers, consultants and agents, and shall in no event include consequential damages of the Design/Builder. The Owner shall not be liable to the Design/Builder for claims of third parties, including Subcontractors, unless and until liability of the Design/Builder has been established therefore in a court of competent jurisdiction; .5 In the event the Design/Builder should be delayed in performing any task which at the time of the delay is then critical or which during the delay becomes or may become critical to the extent attributable to any act or omission by the Owner or someone acting in the Owner’s behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, unavoidable accidents beyond Design/Builder’s control, fire, active interference by third parties with Design/Builder’s duties on-site, or other acts of God, all relating to the Project site, the date for achieving Substantial Completion, or, as applicable, Final Completion, shall be appropriately adjusted by the Owner upon the written claim of the Design/Builder, in accordance with Subparagraph 16.3(1), as the Design/Builder’s sole remedy. A task is critical within the meaning of this Subparagraph 16.3(5) if, and only if, said task is on the critical path of the project schedule so that a delay in performing such task will delay the Substantial or Final Completion of the Project. Any claim for an extension of time by the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above. If the Design/Builder fails to make such claim as required in this Subparagraph 16.3(5), any claim for an extension of time shall be waived. .6 An extension of the Contract Time will be the Design/Builder’s sole remedy for any delays of Design/Builder, whether or not delays are caused by Owner, Owner’s Representative and whether or not such delays are foreseeable, unless delays are caused by acts of the Owner which constitute active interference with Design/Builder’s performance of the Work, and only to the extent such acts continue after the Design/Builder furnishes the Owner with written notice of such interference. In no other event shall the Design/Builder be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents, including, without limitation, ordering changes in the Work, direct suspension, or correction of the Work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the Design/Builder’s performance of the Work. .7 If the Design/Builder submits a schedule or progress report indicating, or otherwise expressing an intention to achieve completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Design/Builder for any failure of the Design/Builder to so complete the Work shall be created or implied. However, Owner agrees to reasonably cooperate with requests of Design/Builder to accelerate the Work.

Conditions for Design/Builder Claims. Claims by the Design/Builder against the Owner are subject to the following terms and conditions: .1 All Design/Builder claims against the Owner shall be initiated by a written claim submitted to the Owner’s Representative. Such claim must be received by the Owner’s Representative no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim, and must set forth in detail all known facts and circumstances supporting the claim and such claim must designate whether the claim affects the Design Services and Work; .2 The Design/Builder and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Design/Builder;performance .3 In the event the Design/Builder seeks to make a claim for an increase in the Fixed Contract Price, as a condition precedent to any liability of the Owner therefore, the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above, and such claim shall be made by the Design/Builder before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall shall constitute a waiver by the Design/Builder of any claim for additional compensation; .4 In connection with any claim by the Design/Builder against the Owner for an increase in the Fixed Contract Price, any liability of the Owner shall be strictly limited to the actual costs incurred by the Design/Builder and a total markxxxx-up of no greater than 15% for all overhead, all indirect costs, and profit of Design/Builder and its Subcontractors, suppliers, consultants and agents, and shall in no event include consequential damages of the Design/Builder. The Owner shall not be liable to the Design/Builder for claims of third parties, including Subcontractors, unless and until liability of the Design/Builder has been established therefore in a court of competent jurisdiction; .5 In the event the Design/Builder should be delayed in performing any task which at the time of the delay is then critical or which during the delay becomes or may become critical to the extent attributable to any act or omission by the Owner or someone acting in the Owner’s behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, unavoidable accidents beyond Design/Builder’s control, fire, active interference by third parties with Design/Builder’s duties on-site, or other acts of God, all relating to the Project site, the date for achieving Substantial Completion, or, as applicable, Final Completion, shall be appropriately adjusted by the Owner upon the written claim of the Design/Builder, in accordance with Subparagraph 16.3(1), as the Design/Builder’s sole remedy. A task is critical within the meaning of this Subparagraph 16.3(5) if, and only if, said task is on the critical path of the project schedule so that a delay in performing such task will delay the Substantial or Final Completion of the Project. Any claim for an extension of time by the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above. If the Design/Builder fails to make such claim as required in this Subparagraph 16.3(5), any claim for an extension of time shall be waived. .6 An extension of the Contract Time will be the Design/Builder’s sole remedy for any delays of Design/Builder, whether or not delays are caused by Owner, Owner’s Representative and whether or not such delays are foreseeable, unless delays are caused by acts of the Owner which constitute active interference with Design/Builder’s performance of the Work, and only to the extent such acts continue after the Design/Builder furnishes the Owner with written notice of such interference. In no other event shall the Design/Builder be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents, including, without limitation, ordering changes in the Work, direct suspension, or correction of the Work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the Design/Builder’s performance of the Work. .7 If the Design/Builder submits a schedule or progress report indicating, or otherwise expressing an intention to achieve completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Design/Builder for any failure of the Design/Builder to so complete the Work shall be created or implied. However, Owner agrees to reasonably cooperate with requests of Design/Builder to accelerate the Work.

Conditions for Design/Builder Claims. Claims by the Design/Builder against the Owner are subject to the following terms and conditions: .1 All Design/Builder claims against the Owner shall be initiated by a written claim submitted to the Owner’s Representative. Such claim must be received by the Owner’s Representative no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim, and must set forth in detail all known facts and circumstances supporting the claim and such claim must designate whether the claim affects the Design Services and Work; .2 The Design/Builder and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Design/Builder;performance .3 In the event the Design/Builder seeks to make a claim for an increase in the Fixed Contract Price, as a condition precedent to any liability of the Owner therefore, the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above, and such claim shall be made by the Design/Builder before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall shall constitute a waiver by the Design/Builder of any claim for additional compensation; .4 In connection with any claim by the Design/Builder against the Owner for an increase in the Fixed Contract Price, any liability of the Owner shall be strictly limited to the actual costs incurred by the Design/Builder and a total mark-up of no greater than 15% for all overhead, all indirect costs, and profit of Design/Builder and its Subcontractors, suppliers, consultants and agents, and shall in no event include consequential damages of the Design/Builder. The Owner shall not be liable to the Design/Builder for claims of third parties, including Subcontractors, unless and until liability of the Design/Builder has been established therefore in a court of competent jurisdiction; .5 In the event the Design/Builder should be delayed in performing any task which at the time of the delay is then critical or which during the delay becomes or may become critical to the extent attributable to any act or omission by the Owner or someone acting in the Owner’s behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, unavoidable accidents beyond Design/Builder’s control, fire, active interference by third parties with Design/Builder’s duties on-site, or other acts of God, all relating to the Project site, the date for achieving Substantial Completion, or, as applicable, Final Completion, shall be appropriately adjusted by the Owner upon the written claim of the Design/Builder, in accordance with Subparagraph 16.3(1), as the Design/Builder’s sole remedy. A task is critical within the meaning of this Subparagraph 16.3(5) if, and only if, said task is on the critical path of the project schedule so that a delay in performing such task will delay the Substantial or Final Completion of the Project. Any claim for an extension of time by the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above. If the Design/Builder fails to make such claim as required in this Subparagraph 16.3(5), any claim for an extension of time shall be waived. .6 An extension of the Contract Time will be the Design/Builder’s sole remedy for any delays of Design/Builder, whether or not delays are caused by Owner, Owner’s Representative and whether or not such delays are foreseeable, unless delays are caused by acts of the Owner which constitute active interference with Design/Builder’s performance of the Work, and only to the extent such acts continue after the Design/Builder furnishes the Owner with written notice of such interference. In no other event shall the Design/Builder be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents, including, without limitation, ordering changes in the Work, direct suspension, or correction of the Work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the Design/Builder’s performance of the Work. .7 If the Design/Builder submits a schedule or progress report indicating, or otherwise expressing an intention to achieve completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Design/Builder for any failure of the Design/Builder to so complete the Work shall be created or implied. However, Owner agrees to reasonably cooperate with requests of Design/Builder to accelerate the Work.

Conditions for Design/Builder Claims. Claims by the Design/Builder against the Owner are subject to the following terms and conditions: .1 All Design/Builder claims against the Owner shall be initiated by a written claim submitted to the Owner’s Representative. Such claim must be received by the Owner’s Representative no later than seven (7) calendar days after the event or the first appearance of the circumstances causing the claim, and must set forth in detail all known facts and circumstances supporting the claim and such claim must designate whether the claim affects the Design Services and Work; .2 The Design/Builder and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Design/Builder; .3 In the event the Design/Builder seeks to make a claim for an increase in the Fixed Contract Price, as a condition precedent to any liability of the Owner therefore, the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above, and such claim shall be made by the Design/Builder before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shallshall constitute a waiver by the Design/Builder of any claim for additional compensation; .4 In connection with any claim by the Design/Builder against the Owner for an increase in the Fixed Contract Price, any liability of the Owner shall be strictly limited to the actual costs incurred by the Design/Builder and a total mark-up of no greater than 15% for all overhead, all indirect costs, and profit of Design/Builder and its Subcontractors, suppliers, consultants and agents, and shall in no event include consequential damages of the Design/Builder. The Owner shall not be liable to the Design/Builder for claims of third parties, including Subcontractors, unless and until liability of the Design/Builder has been established therefore in a court of competent jurisdiction;for .5 In the event the Design/Builder should be delayed in performing any task which at the time of the delay is then critical or which during the delay becomes or may become critical to the extent attributable to any act or omission by the Owner or someone acting in the Owner’s behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, unavoidable accidents beyond Design/Builder’s control, fire, active interference by third parties with Design/Builder’s duties on-site, or other acts of God, all relating to the Project site, the date for achieving Substantial Completion, or, as applicable, Final Completion, shall be appropriately adjusted by the Owner upon the written claim of the Design/Builder, in accordance with Subparagraph 16.3(1), as the Design/Builder’s sole remedy. A task is critical within the meaning of this Subparagraph 16.3(5) if, and only if, said task is on the critical path of the project schedule so that a delay in performing such task will delay the Substantial or Final Completion of the Project. Any claim for an extension of time by the Design/Builder shall strictly comply with the requirements of Subparagraph 16.3(1) above. If the Design/Builder fails to make such claim as required in this Subparagraph 16.3(5), any claim for an extension of time shall be waived. . .6 An extension of the Contract Time will be the Design/Builder’s sole remedy for any delays of Design/Builder, whether or not delays are caused by Owner, Owner’s Representative and whether or not such delays are foreseeable, unless delays are caused by acts of the Owner which constitute active interference with Design/Builder’s performance of the Work, and only to the extent such acts continue after the Design/Builder furnishes the Owner with written notice of such interference. In no other event shall the Design/Builder be entitled to any compensation or recovery of any damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents, including, without limitation, ordering changes in the Work, direct suspension, or correction of the Work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the Design/Builder’s performance of the Work. .7 If the Design/Builder submits a schedule or progress report indicating, or otherwise expressing an intention to achieve completion of the work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Design/Builder for any failure of the Design/Builder to so complete the Work shall be created or implied. However, Owner agrees to reasonably cooperate with requests of Design/Builder to accelerate the Work.