Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. 1.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply. 1.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance. 1.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager. 1.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect: 1.1.5.1 This fully detailed claim shall be considered as interim; a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager. 1.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period. 1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract. 1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate. 1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration]. 1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 4 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause clause of these Conditions or otherwise in connection with the Contract, Contract the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall sub-clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s us relevant to such event or circumstance.
1.1.4 circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring EntityEmployer's liability, the Project Manager Engineer may, after receiving any notice under this Subsub-Clauseclause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 56 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 . Each Payment Certificate shall include such additional payment amounts for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 If . The Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine (i) the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any extension (if any) of the Parties may refer to Arbitration Time for Completion (before or after its expiry) in accordance withSubwith sub-Clause8.2 clause 8.4 [Matters that may be referred Extension of Time for Completion], and/or (ii) the additional payment (if any) to arbitration].
1.1.10 which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Subsub-Clause clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Subsub-Clause clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clausesub-clause.
Appears in 4 contracts
Samples: Crane Supply Contract, Crane Supply Contract, Crane Supply Contract
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, Contract the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days21 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s us relevant to such event or circumstance.
1.1.4 circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring EntityEmployer's liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 56 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars. Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, but the Contractor shall nevertheless give his response on the principles only be entitled to payment for such part of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager as he has been able to substantiate. The Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Sub- Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 4 contracts
Samples: Crane Supply Contract, Contractor Agreement, Contractor Agreement
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, Contract the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s us relevant to such event or circumstance.
1.1.4 circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring EntityEmployer's liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 56 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars. Each Payment Certificate shall include such amounts for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, but the Contractor shall nevertheless give his response on the principles only be entitled to payment for such part of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager as he has been able to substantiate. The Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Sub- Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 3 contracts
Samples: Crane Supply Contract, Crane Supply Contract, Crane Supply Contract
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 3 contracts
Samples: Framework Agreement for Drainage Works, Framework Agreement, Framework Agreement for Provision of Catering Services
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-record- keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity KPRL shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-record- keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The he Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 2 contracts
Samples: Framework Agreement for Provision of Catering Services, Framework Agreement for Provision of Catering Services
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause clause of these Conditions or otherwise in connection with the Contract, Contract the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall sub-clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s us relevant to such event or circumstance.
1.1.4 circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring EntityEmployer's liability, the Project Manager Engineer may, after receiving any notice under this Subsub-Clauseclause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 56 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 . Each Payment Certificate shall include such additional payment amounts for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 If . The Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine (i) the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any extension (if any) of the Parties may refer to Arbitration Time for Completion (before or after its expiry) in accordance withSubwith sub-Clause8.2 clause 8.4 [Matters that may be referred Extension of Time for Completion], and/or (ii) the additional payment (if any) to arbitration].
1.1.10 which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Subsub-Clause clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause sub- clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clausesub-clause.
Appears in 2 contracts
Samples: Crane Supply Contract, Crane Supply Contract
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerContract Awarder, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Contract Awarder shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Work Site or at another location acceptable to the Project ManagerContract Awarder. Without admitting the Procuring Entity's liability, the Project Manager Contract Awarder may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or recordkeeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Contract Awarder to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Contract Awarder. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerContract Awarder, the Contractor shall send to the Project Manager Contract Awarder a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Contract Awarder may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Contract Awarder. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Contract Awarder and approved by the Contractor, the Project Manager Contract Awarder shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time. Each interim payment shall include such amounts for any claim as have been reasonably substantiated as due under the above defined time period.
1.1.7 Within relevant provision of the above defined period Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of 42 daysthe claim, the Project Manager Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. The Contract Awarder shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 2 contracts
Samples: Contract Agreement (Renewable Fuel Corp), Contract Agreement (Renewable Fuel Corp)
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Sub- Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined defined time period.
1.1.7 8.1.7 Within the above defined defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Agreement
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-record- keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined defined time period.
1.1.7 8.1.7 Within the above defined defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Agreement for Provision of Conference and Hotel Accommodation Services
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, practicable and not later than 28 days after the Contractor became aware, or should have become aware, aware of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring Entity's Employer’s liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Within 42 days Engineer. As soon as practicable after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This : this fully detailed claim shall be considered as interim;
a) The ; the Contractor shall send further interim claims at monthly Monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b) The and the Contractor shall send a final claim within 28 days as soon as practicable after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 . Within the above defined period of 42 days, the Project Manager Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 . Each Payment Certificate shall include such additional payment for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 . If the Project Manager Engineer does not respond within the time framed fined timeframe defined in this Clause, either Party may consider that the claim is rejected by the Project Manager Engineer and any of the Parties may refer it to Arbitration in accordance withSubthe Management Committee under with Sub-Clause8.2 [Matters that may be referred to arbitrationClause 20.2[Management Committee].
1.1.10 . The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 1 contract
Samples: Contract Agreement
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEmployer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days practicable after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 The Contractor shall also submit any other notices notice(s) which are is required by the Contract, and supporting particulars for the claimclaim(s), all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary recordsEmployer. The Contractor shall permit the Project Manager Employer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Employer. Within 42 28 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEmployer, the Contractor shall send to the Project Manager Employer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Employer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed commentsEmployer. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager The Employer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 . Within 28 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Employer and approved by the Contractor, the Employer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within such time. Each Payment Certificate payment under Clause 14 [Contract Price and Payment] shall include such additional payment amounts for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 If the Project Manager does not respond within substantiate at the time framed fined in this Clause, either Party may consider that the claim such payment is rejected by the Project Manager and any of the Parties may refer to Arbitration be made in accordance withSubwith Sub-Clause8.2 Clause 14.5 [Matters that may be referred to arbitrationTiming of Payments].
1.1.10 . The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Contract Agreement (Asia Satellite Telecommunications Holdings LTD)
Contractor's Claims. 1.1.1 (a) If the Contractor considers himself itself to be entitled to any extension of the Time for Completion and/or any additional a ny a dditional payment, under unde r any Clause C xxxxx of these Conditions or otherwise t his C ontract o r o therwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEmployer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later l ater than 28 twenty-eight ( 28) days (or such shorter period expressly stated herein) after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 (b) If the Contractor fails to give notice of a claim within such period of 28daystwenty-eight (28) days (or s uch s xxxxxx xx riod e xpressly s xxxxx he rein), the Time for Completion shall f or C ompletion s hall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity t he Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Clause shall apply.
1.1.3 (c) The Contractor shall also submit any other notices which are required by the ContractContract or the Employer, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 (d) The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEmployer. Without admitting the Procuring Entity's liabilityl iability, the Project Manager E mployer may, after receiving any notice under a fter r eceiving a ny not ice un der this Sub-ClauseC xxxxx, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Employer to inspect all these records, and shall (if instructed) submit copies to the Project ManagerEmployer.
1.1.5 (e) Within 42 days after forty-two ( 42) da ys ( or s uch sho rter p eriod expressly st ated herein) af ter the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEmployer, the Contractor shall send to the Project Manager Employer a fully detailed claim which includes w hich i ncludes full supporting particulars s upporting pa rticulars of the basis ba sis o f t he c laim a nd of the claim and of the t he extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall shall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-record- keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 30 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Agreement
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring Entity's entity liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This : this fully detailed claim shall be considered as interim;
a) The ; the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b) The and the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 . Within the above defined period of 42 days, the Project Manager Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 . Each Payment Certificate shall include such additional payment for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 . If the Project Manager Engineer does not respond within the time framed fined timeframe defined in this Clause, either Party may consider that the claim is rejected by the Project Manager Engineer and any of the Parties may refer it to Arbitration the Dispute Board in accordance withSubwith Sub-Clause8.2 Clause 20.4 [Matters that may be referred to arbitrationObtaining Dispute Board’s Decision].
1.1.10 . The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 1 contract
Samples: Contract for Large Works
Contractor's Claims. 1.1.1 24.1.1 If the Contractor considers himself itself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice Notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 30 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 24.1.2 If the Contractor fails to give notice of a claim within such period of 28days30 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Clause shall apply.
1.1.3 24.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 24.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-record- keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 24.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This a) this fully detailed claim shall be considered as interim;
ab) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager may reasonably require; and
bc) The the Contractor shall send a final claim within 28 30 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 24.1.6 Within 42 days after receiving a Notice of a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 24.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[DeterminationsSub- Clause
24.1.8 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 24.1.9 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 24.1.10 If the Project Manager does not respond within the time framed fined timeframe defined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSubwith Sub-Clause8.2 Clause 24.4 [Matters that may be referred to arbitrationArbitration].
1.1.10 24.1.11 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- ClauseSub-Clause 24.3.
Appears in 1 contract
Samples: Framework Agreement
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time Time/s for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEmployer/s and the financial institution providing the funding for the Project/s, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 (Twenty eight) days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 (Twenty eight) days, the Time Time/s for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer/s shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site Site/s or at another location acceptable to the Project Manager. Employer/s. Without admitting the Procuring Entity's liability, the Project Manager Employer/s may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Employer/s and the financial institution providing the funding for the Project/s to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Employer/s and/or the financial institution providing the funding for the Project/s. Within 42 60 (Sixty) days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEmployer/s in conjunction with the financial institution providing the funding for the Project/s, the Contractor shall send to the Project Manager Employer/s and the financial institution providing the funding for the Project/s, a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager financial institution providing the funding for the Project/s in conjunction with the Employer/s may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 (Twenty eight) days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 financial institution providing the funding for the Project/s in conjunction with the Employer/s. Within 42 60 (Sixty) days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Employer/s and approved by the Contractor, the Project Manager financial institution providing the funding for the Project/s in conjunction with the Employer/s shall respond with approval, or with disapproval and detailed comments. He He/they may also request any necessary further particulars, but shall nevertheless give his /their response on the principles of the claim within such time. Each interim payment shall include such amounts for any claim as have been reasonably substantiated as due under the above defined time period.
1.1.7 Within relevant provision of the above defined period Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of 42 daysthe claim, the Project Manager Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. The financial institution providing the funding for the Project/s in conjunction with the Employer/s shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time Time/s for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, records and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Contract for Provision of Air Ticketing Services
Contractor's Claims. 1.1.1 46.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give submit a notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's Employer’s liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 . Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 . Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 such time. Each Payment Certificate shall include such additional payment amounts for any claim as has have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 If the . The Project Manager does not respond within shall agree with the time framed fined in this Clause, either Party may consider that Contractor or estimate: (i) the claim is rejected by the Project Manager and any extension (if any) of the Parties may refer to Arbitration Time for Completion (before or after its expiry) in accordance withSub-Clause8.2 [Matters that may be referred with GC Clause 40, and/or (ii) the additional payment (if any) to arbitration].
1.1.10 which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause. In the event that the Contractor and the Employer cannot agree on any matter relating to a claim, either Party may refer the matter to the Dispute Board pursuant to GC 47 hereof.
Appears in 1 contract
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring Entity's Employer’s liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This (a) this fully detailed claim shall be considered as interim;
a(b) The the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b(c) The the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 . Within the above defined period of 42 days, the Project Manager Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Unit Price Contract
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall Hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Agreement for Provision of Air Travel Agency Services
Contractor's Claims. 1.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or and /or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project ManagerEngineer, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 . If the Contractor fails to give notice of a claim within such period of 28days28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity Employer shall be discharged from all liability in connection with the claim. Otherwise, the following g provisions of this Sub- Clauses hall Sub-Clause shall apply.
1.1.3 . The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s as relevant to such event or circumstance.
1.1.4 . The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project ManagerEngineer. Without admitting the Procuring Entity's Employer’s liability, the Project Manager Engineer may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager Engineer to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project ManagerEngineer, the Contractor shall send to the Project Manager Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 This : this fully detailed claim shall be considered as interim;
a) The ; the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or and/or amount claimed, and such further particulars as the Project Manager Engineer may reasonably require; and
b) The and the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager Engineer and approved by the Contractor, the Project Manager Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particularsparticular, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 such time. Each Payment Certificate shall include such additional payment amounts for any claim as has having been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled be entitled to payment for such part of the claim as he has be enable been able to substantiate.
1.1.9 If . The Engineer shall p[proceed per Sub-Clause 3.5 [Determinations] to agree or determine (i) the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any extension (if any) of the Parties may refer Time for Completion (before or after its expiry) per Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 which the Contractor is entitled under the Contract. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or Contractor fails to comply with this or another Sub-Clause in relation to concerning any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Sub-Clause.
Appears in 1 contract
Samples: Framework Agreement
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 8.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.reasonably
1.1.9 8.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 8.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Contract for Provision of Chartered Helicopter Services
Contractor's Claims. 1.1.1 8.1.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Contract, the Contractor shall give notice to the Project Manager, describing the event or circumstance giving rise to the claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance.
1.1.2 8.1.2 If the Contractor fails to give notice of a claim within such period of 28days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Procuring Entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub- Clauses hall apply.
1.1.3 8.1.3 The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all s relevant to such event or circumstance.
1.1.4 8.1.4 The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Project Manager. Without admitting the Procuring Entity's liability, the Project Manager may, after receiving any notice under this Sub-Clause, monitor the record-keeping and /or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Project Manager to inspect all these records, and shall (if instructed) submit copies to the Project Manager.
1.1.5 8.1.5 Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Project Manager, the Contractor shall send to the Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and /or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:
1.1.5.1 8.1.5.1 This fully detailed claim shall be considered as interim;
a) The Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and /or amount claimed, and such further particulars as the Project Manager may reasonably require; and
b) The Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Project Manager.
1.1.6 8.1.6 Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Project Manager and approved by the Contractor, the Project Manager shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period.
1.1.7 8.1.7 Within the above defined period of 42 days, the Project Manager shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract.
1.1.8 Each Payment Certificate shall include such additional payment for any claim as has been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only been titled to payment for such part of the claim as he has be enable to substantiate.
1.1.9 If the Project Manager does not respond within the time framed fined in this Clause, either Party may consider that the claim is rejected by the Project Manager and any of the Parties may refer to Arbitration in accordance withSub-Clause8.2 [Matters that may be referred to arbitration].
1.1.10 The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contract or fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub- Clause.
Appears in 1 contract
Samples: Framework Contract for Provision of Security Services
