Common use of Contractual Disputes Clause in Contracts

Contractual Disputes. A. Contractual claims, whether for money or for other relief, will be submitted in writing not later than 60 days after final payment; provided however, that written notice of the Consultant’s intention to file such claim must: i. Be delivered to the attention of FW’s Senior Construction Buyer and Director of Planning & Engineering, at the address shown on the cover sheet of this RFP, not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and ii. Contain a reasonably detailed description of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a written decision upon any such claim within 60 days after submittal of the claim. The Consultant will not institute legal action prior to receipt of FW’s decision on the claim unless FW fails to render such decision within 90 days after submittal of the claim. The decision of FW will be final, unless the Consultant initiates legal action as provided in Section 2.2-4364 of the Virginia Code. Failure of FW to render a decision within 90 days will not result in the Consultant being awarded the relief claimed, nor will it result in any other relief or penalty. The sole result of FW’s failure to render a decision within the time allotted will be the Consultant’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- 4365 of the Virginia Code has been established for contractual claims under this Agreement. B. No claim of any nature will be made against FW by or on behalf of a subcontractor or subconsultant unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractor.

Contractual Disputes. A. Contractual claims, whether for money or for other relief, will be submitted in writing not later than 60 days after final payment; provided however, that written notice of the ConsultantContractor’s intention to file such claim must: i. 1. Be delivered to the attention of FW’s Senior Construction Buyer and Director of Planning & Engineering, Procurement Representative assigned to the contract at the address shown on the cover sheet signature page of this RFP, the resultant service agreement contract not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and ii2. Contain a reasonably detailed description of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a written decision upon any such claim within 60 days after submittal of the claim. The Consultant will Contractor shall not institute legal action prior to receipt of FW’s decision on the claim unless FW fails to render such decision within 90 days after submittal of the claim. The decision of FW will be final, unless the Consultant Contractor initiates legal action as provided in Section 2.2-2.2- 4364 of the Virginia Code. Failure of FW to render a decision within 90 days will not result in the Consultant being awarded the relief claimed, nor will it result in any other relief or penalty. The sole result of FW’s failure to render a decision within the time allotted will be the Consultant’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- 2.2-4365 of the Virginia Code has been established for contractual claims under this Agreement. B. No claim of any nature will be made against FW by or on behalf of a subcontractor or subconsultant unless the Consultant Contractor has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will Contractor shall provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractor.

Contractual Disputes. A. In accordance with Section 2.2-4363 of the Code of Virginia, Contractual claims, whether for money or for other relief, will shall be submitted in writing not to purchasing agency no later than 60 sixty (60) days after final payment; provided however, that written notice of the Consultant’s Contractor's intention to file such claim must: i. Be delivered must be given to the attention of FW’s Senior Construction Buyer and Director of Planning & Engineering, purchasing agency at the address shown on the cover sheet time of this RFP, not later than five days after the occurrence or of the beginning of the Work work upon which the claim is based; and ii. Contain Pendency of claims shall not delay payment of amounts agreed due in the final payment. Purchasing agency shall render a reasonably detailed description final decision in writing within thirty (30) days after its receipt of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a Contractor's written decision upon any such claim within 60 days after submittal of the claim. The Consultant will Contractor may not invoke any available administrative procedure under Section 2.2- 4365 of the Code of Virginia nor institute legal action prior to receipt of FW’s the purchasing agency decision on the claim claim, unless FW that purchasing agency fails to render such its decision within 90 days after submittal of the claimthirty (30) days. The decision of FW will the purchasing agency shall be final, final and conclusive unless the Consultant initiates legal Contractor, within six (6) months of the date of the final decision on the claim, invokes appropriate action as provided in under Section 2.2-4364 4364, Code of Virginia or the Virginia Codeadministrative procedure authorized by Section 2.2-4365, Code of Virginia. Failure of FW Contractor agrees to render a decision within 90 days will not result in submit any and all contractual disputes arising from this Contract to the Consultant being awarded Commonwealth’s alternative dispute resolution procedures. Contractor may invoke the relief claimed, nor will it result in Commonwealth’s alternative dispute resolution procedures at any time and concurrently with any other relief or penaltystatutory remedies prescribed by the Code of Virginia. The sole result purchasing agency, its officers, agents and employees, including, without limitation, the Contracting Officer, are executing this Agreement and any Orders issued hereunder, solely in its or their statutory and regulatory capacities as agent for the Commonwealth agency purchasing and receiving the goods or services need not be joined as a party to any dispute that may arise thereunder. In the event of FWany breach by the Commonwealth, Contractor’s failure remedies shall be limited to render a decision within claims for damages and Prompt Payment Act interest and, if available and warranted, equitable relief, all such claims to be processed pursuant to this Section. In no event shall Contractor’s remedies include the time allotted will be the Consultant’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- 4365 of the Virginia Code has been established for contractual claims under this Agreementterminate any license or support services hereunder. B. No claim of any nature will be made against FW by or on behalf of a subcontractor or subconsultant unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractor.

Contractual Disputes. A. (Code of Virginia, § 2.2-4363) Contractual claims, whether for money or for other relief, will shall be submitted submitted, in writing not writing, no later than 60 days sixty (60) Days after final paymentFinal Payment; provided however, that written notice Notice of the ConsultantContractor’s intention to file such claim must: i. Be delivered must be given to the attention Owner within fourteen (14) Days of FW’s Senior Construction Buyer and Director the time of Planning & Engineering, at the address shown on the cover sheet of this RFP, not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and ii. Contain Such Notice shall state that it is a reasonably detailed description “notice of intent to file a claim” and include a written statement describing the act or omission of the basis Owner or its agents that allegedly caused or may cause damage to the Contractor and the nature of the claim otherwise claimed damage. Verbal notice, the Owner’s actual knowledge, or a written notice given more than fourteen (14) Days after the occurrence or beginning of the Work upon which the claim will is based, shall not be deemed sufficient to have been waivedsatisfy the requirements of this Section. FW will make All claims shall state that they are “claims” pursuant to this Section, be submitted along with all practically available supporting evidence and documentation and the certification required by Subsection 47(f), and request a final decision. Certificates for payment, applications for payment, vouchers, invoices and similar requests for payment submitted for work done by the Contractor in accordance with the expected contract performance are routine submissions and are not claims under this Section. Proposed or requested Change Orders, demands for monetary compensation or other relief, and correspondence and e-mails to the Owner or its representatives, which do not strictly comply with the requirements of this Section, are not claims under this Section. Failure to timely provide notice of intent to submit a claim shall preclude any relief to the Contractor, including but not limited to an extension of the Contract Completion Date or payment of additional compensation. Although the Contractor may be required to submit certain classes of claims prior to Final Payment, and the Contractor is not prevented from submitting claims during the pendency of the Work, the Owner shall not be obligated to render a final written decision upon on any such claim within 60 days until after submittal of Final Payment. No written decision denying a claim or addressing issues related to the claimclaim shall be considered a denial pursuant to this Section unless the written decision makes express reference to this Section and is signed by the Agency head or his or her designee. The Consultant will Contractor may not institute legal action prior to receipt of FWthe Owner’s final written decision on the claim unless FW the Owner fails to render such a decision within 90 days after submittal ninety (90) Days of submission of the claimclaim or within ninety (90) Days of Final Payment, whichever is later. The decision of FW will the Owner shall be final, final and conclusive unless the Consultant Contractor within six (6) months of the date of the final decision on a claim, initiates legal action as provided in Section Code of Virginia § 2.2-4364 of the Virginia Code4364. Failure of FW the Owner to render a timely decision within 90 days will on a claim shall not result in the Consultant Contractor being awarded the relief claimed, claimed nor will shall it result in any other relief or penalty. The sole result of FWthe Owner’s failure to render a timely decision within the time allotted will shall be the ConsultantContractor’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- § 2.2-4365 of the Code of Virginia Code has been established for contractual claims under this Agreement. B. No Contract. Pursuant to Code of Virginia, § 2.2-4366, Alternative Dispute Resolution, the Owner may enter into an agreement with the Contractor to submit disputes arising from the performance of this Contract to arbitration and utilize mediation and other alternative dispute resolution procedures. However, such procedures entered into by the Owner, the Commonwealth, or any department, institution, division, commission, board or bureau thereof, shall be non-binding and subject to Code of Virginia § 2.2-514, as applicable. The details for the implementation of Alternative Dispute Resolution are provided in CPSM Section 3.2.7. In the event that a dispute, claim or controversy between the Owner and the Contractor arises regarding the requirements of the Contract, the performance of the Work, payment due the Contractor, the terms of any nature Change Order, or otherwise, the Contractor shall not stop, suspend or delay the Work or any part of the Work to be performed under the Contract, or under any Change Order, or as ordered by the Owner. The Contractor shall continue to diligently prosecute the Work to completion, including work required in any Change Order or as directed by the Owner. The Contractor shall submit a Contractor’s Claim Certification (DGS-30-234) certifying that the claim is a true and accurate representation of the claim. Claims submitted without the Contractor’s Claim Certification will be made against FW deemed incomplete and will not be considered. The compensation expressly provided for by this Contract shall be the Contractor’s sole available compensation for the acts, omissions or on behalf of a subcontractor breaches by the Owner. These remedies shall survive termination or subconsultant unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy breach of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractorContract.

Contractual Disputes. A. (§2.2-4363, Code of Virginia) (a) Contractual claims, whether for money or for other relief, will shall be submitted submitted, in writing not writing, no later than 60 sixty (60) days after final paymentFinal Payment; provided however, that written notice of the Consultant’s Contractor's intention to file such claim must: i. Be delivered to must be given within fourteen (14) days of the attention time of FW’s Senior Construction Buyer and Director of Planning & Engineering, at the address shown on the cover sheet of this RFP, not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and ii. Contain Such notice shall state that it is a reasonably detailed description "notice of intent to file a claim" and include a written statement describing the act or omission of the basis Owner or its agents that allegedly caused or may cause damage to the Contractor and the nature of the claimed damage. The submission of a timely notice is a prerequisite to recovery under this Section. Failure to submit such notice of intent within the time and in the manner required shall be a conclusive waiver of the claim otherwise by the Contractor. Oral notice, the Owner's actual knowledge, or a written notice given after the expiration of fourteen (14) days of time of the occurrence or beginning of the Work upon which the claim will is based, shall not be deemed sufficient to have been waivedsatisfy the requirements of this Section. FW will make The Contractor is not prevented from submitting claims during the pendency of the Work, and the Owner shall not be obligated to render a final written decision upon on any such claim within 60 days until after submittal Final Payment. All claims shall state that they are "claims" pursuant to this Section, be submitted along with all practically available supporting evidence and documentation and the certification required by Subsection 47(e), and request a final decision. Certificates for payment, applications for payment, vouchers, invoices and similar requests for payment submitted for work done by the Contractor in accordance with the expected contract performance are routine submissions and shall not be considered claims under this Section. Proposed or requested change orders, demands for money compensation or other relief, and correspondence and c-mails to the Owner or its representatives, which do not strictly comply with the requirements of this Section, shall not be considered claims under this Section. (b) No written decision denying a claim or addressing issues related to the claimclaim shall be considered a denial pursuant to this Section unless the written decision makes express reference to this Section and is signed by the City Manager or his designee. The Consultant will Contractor may not institute legal action prior to receipt of FW’s the Owner's final written decision on the claim unless FW the Owner fails to render such a decision within 90 ninety (90) days after submittal of submission of the claim. , at which time the claim shall be deemed denied. (c) The decision of FW will the Owner on the Contract shall be final, final and conclusive unless the Consultant Contractor within six (6) months of the date of the final decision on a claim, initiates legal action as provided in Section § 2.2-4364 of the Virginia CodeCode of Virginia. Failure of FW the Owner to render a decision within 90 days will shall not result in the Consultant Contractor being awarded the relief claimed, claimed nor will shall it result in any other relief or penalty. The sole result of FW’s the Owner's failure to render a decision within the time allotted will 90 days shall be the Consultant’s Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- § 2.2-4365 of the Code of Virginia Code has been established for contractual claims under this AgreementContract. B. No (d) In the event that a dispute, claim or controversy between the Owner and the Contractor arises regarding the requirements of the Contract, the performance of the Work, payment due the Contractor, the terms of any nature will be made against FW by Change Order, or on behalf otherwise, the Contractor shall not stop, suspend or delay the Work or any part of a subcontractor or subconsultant unless the Consultant has first: (a) evaluated such claim thoroughly and determined it Work to be meritorious; performed under the Contract, or under any Change Order, or as ordered by the Owner. The Contractor shall continue to diligently prosecute the Work to completion, including work required in any Change Order or as directed by the Owner. (be) issued Along with a written notice to claim submitted under this Section, the subcontractor finding Contractor shall submit a notarized statement under penalty of perjury certifying that the subcontractor’s claim is a true and accurate representation of the claim. Claims submitted without the statement shall not constitute a proper claim and, if not submitted with the certification within the time required, shall be deemed to be meritorious and setting forth any additional compensation waived. (f) The remedies provided in these General Conditions, including costs, expenses, damages or additional days to extensions of time, shall be paid the Contractor's sole remedies for the acts, omissions or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy breaches of the written notice to the subcontractor and with evidence of payment in full Owner, which shall survive termination or breach of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractorContract.

Contractual Disputes. A. Contractual claims, whether for money or for other relief, will be submitted in writing not later than 60 days after final payment; provided however, that written notice of the ConsultantContractor’s intention to file such claim must: i. 1. Be delivered to the attention of FW’s Senior Construction Buyer and Director of Planning & Engineering, at the address shown on the cover sheet of Procurement Representative assigned to this RFP, contract not later than five days after the occurrence or of the beginning of the Work upon which the claim is based; and ii2. Contain a reasonably detailed description of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a written decision upon any such claim within 60 days after submittal of the claim. The Consultant Contractor will not institute legal action prior to receipt of FW’s decision on the claim unless FW fails to render such decision within 90 days after submittal of the claim. The decision of FW will be final, unless the Consultant Contractor initiates legal action as provided in Section 2.2-2.2- 4364 of the Virginia Code. Failure of FW to render a decision within 90 days will not result in the Consultant Contractor being awarded the relief claimed, nor will it result in any other relief or penalty. The sole result of FW’s failure to render a decision within the time allotted will be the ConsultantContractor’s right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2- 2.2-4365 of the Virginia Code has been established for contractual claims under this Agreement. B. No claim of any nature will be made against FW by or on behalf of a subcontractor or subconsultant unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractor.

Contractual Disputes. Unless otherwise specified in this Agreement, the following shall apply to contractual disputes: A. Contractual claims, whether ENGINEER shall give written notice to the LOUDOUN WATER’S Program Manager of its intent to file a claim for money or for other relief, will be submitted in writing not later than 60 relief within ten (10) calendar days after final payment; provided however, that written notice of the Consultant’s intention to file such claim must: i. Be delivered to the attention of FW’s Senior Construction Buyer and Director of Planning & Engineering, at the address shown on the cover sheet of this RFP, not later than five days after the occurrence or of the beginning of the Work work upon which the claim is to be based, or when ENGINEER has submitted a proposed modification of the Agreement or Task Order, within ten (10) calendar days following LOUDOUN WATER’s rejection of the proposed modification. B. The written claim shall be submitted to LOUDOUN WATER’S Program Manager no later than thirty (30) days after completion of the work upon which the claim is based; and ii. Contain The General Manager, or his designee, shall render a reasonably detailed description final decision within sixty (60) days of receipt of the basis of the claim otherwise the claim will be deemed to have been waived. FW will make a written decision upon any such claim within 60 days after submittal of the claim. The Consultant will . C. ENGINEER may not institute a legal action prior to the receipt of FWthe General Manager’s final written decision on the claim unless FW the General Manager fails to render such decision within 90 days after submittal of the claim. The decision of FW will be final, unless the Consultant initiates legal action as provided in Section 2.2-4364 of the Virginia Code. Failure of FW to render a decision within 90 ninety (90) days will of receipt of the claim. Failure of LOUDOUN WATER to render a decision within the time frames outlined above shall not result in the Consultant ENGINEER being awarded the relief claimed, nor will it result claimed or in any other relief or of penalty. The sole result of FWremedy for LOUDOUN WATER’s failure to render a decision within the time allotted will frames above shall be the ConsultantENGINEER’s right to immediately institute immediate legal action. No administrative appeals procedure pursuant A failure of LOUDOUN WATER to Section 2.2- 4365 render a final decision within the above time frames shall be deemed a final decision denying the claim by LOUDOUN WATER. The decision of the Virginia Code has been established for contractual claims under this Agreement. B. No claim of any nature will General Manager shall be made against FW by or on behalf of a subcontractor or subconsultant final and conclusive unless the Consultant has first: (a) evaluated such claim thoroughly and determined it to be meritorious; (b) issued a written notice to contractor appeals by instituting legal proceedings as provided in the subcontractor finding the subcontractor’s claim to be meritorious and setting forth any additional compensation or additional days to be paid or granted to the subcontractor on account Code of such claim; and (c) paid the subcontractor in full for such claim. In presenting such a claim, the Consultant will provide FW with a copy of the written notice to the subcontractor and with evidence of payment in full of the subcontractor’s claim. No such claim will exceed the amount actually paid to the subcontractorVirginia § 2.2-4364.