Disputed Work. If, pursuant to Paragraph 18, Contractor claims changes ordered by Xxxxxxx involve extra cost, Contractor shall nevertheless perform the same if directed to do so by Xxxxxxx. However, to preserve Contractor’s right to claim extra compensation for the disputed Work, Contractor shall, prior to proceeding with the Work, notify Xxxxxxx in writing that Contractor is performing the same under protest. The same procedure shall prevail as to any dispute as to a deduction for omitted Work (or as the case may be, to sustain Contractor’s contention as to the appropriate compensation for extra Work that is not disputed to be an “extra”) -- the notice in that circumstance to be given not later than ten (10) working days after the tender of payment by Xxxxxxx to Contractor of the reduced amount (or amount for the nondisputed “extra”) as computed by Xxxxxxx. Failing such written protest, it shall be deemed that Contractor has acquiesced to Xxxxxxx’x contention that the Work is not extra but Contract Work or that the reduction (or amount of compensation for a nondisputed “extra”) is correct, as the case may be. The giving of the protest provided for above, and giving it timely, are express conditions precedent to maintaining any remedial procedure, whether arbitration or otherwise, pertaining to Contractor’s claim.
Disputed Work. If Consultant is of the opinion that any work ordered by NYSDOT to be done as contract work is extra work and not contract work, or that any order of NYSDOT exceeds the work requirements of this Agreement, Consultant shall promptly, within ten (10) work days of receipt of the order or direction, so notify NYSDOT's Project Manager, in writing, explaining Consultant's contention. Consultant must progress the work as required and ordered. In the meantime, Consultant, if it considers the issue unresolved, shall promptly, within ten (10) work days of receipt of NYSDOT's written decision, notify the Commissioner, in writing with copies to the Project Manager, of its contentions relative to the dispute, indicating the substance of previous communication with the Project Manager on the issue and its rebuttal of the previous findings. The Commissioner or his/her designated representative shall make a finding thereon and notify Consultant of same in writing in a timely manner. If such work is determined by the Commissioner or his/her designee to be extra work pursuant to the provisions of this Article, NYSDOT will initiate a Supplemental Agreement. If the Commissioner or his/her designated representative determines that the work in question is contract work and not extra work, or that the order complained of is proper, he/she shall again direct Consultant to continue the disputed work, and Consultant must promptly comply. Consultant's right to pursue a dispute under this Article for extra compensation will not be affected in any way by Consultant's complying with the directions of the Commissioner or the Project Manager to proceed with the work, provided Consultant continues to keep and furnish documentation of the extra work claimed.
Disputed Work.
(i) If the Department and the Developer agree that the Work in question constitutes a Department Change and are unable to reach an agreement on a Change Order, the Department may deliver to the Developer a Directive Letter, directing the Developer to proceed with the performance of the Work in question, notwithstanding such disagreement. Such Directive Letter will include any changes to the Technical Requirements, if applicable, necessary to proceed with the Work covered by the Directive Letter.
(ii) If the parties disagree whether the Work in question constitutes a Department Change, the Department will have the right to issue a Directive Letter, directing the Developer to proceed with the performance of the Work in question, and the Developer will proceed with such work. Such Directive Letter will include any changes to the Technical Requirements necessary to proceed with the Work covered by the Directive Letter.
(iii) Upon receipt of a Directive Letter under (i) or (ii) above, the Developer will implement and perform the Work in question as directed by the Department.
(iv) To the extent there are any Disputes related to any Directive Letter issued under Section 14.02(d), such Disputes will be subject to the dispute resolution procedures set forth in Article 21.
Disputed Work. A. If the CMR is of the opinion that any work required, necessitated, or ordered by the Owner’s Representative or the Owner, or any action required or ordered by the Owner’s Representative or the Owner to be taken or not taken is not Work included within the Contract Sum, any claim for additional compensation or an extension of the Contract Period arising therefrom shall be subject to the claims procedures and submission requirements set forth in the Contract Documents.
B. No payment shall be made to CMR for any disputed work for which Owner’s final determination is that CMR is not entitled to receive any increase in the Contract Sum for such Work. Payment for Work not in dispute shall continue to be made to the CMR in accordance with the Contract Documents.
Disputed Work. If the Contractor is of the opinion that any work ordered by the Engineer to be done as contract work is extra work and not contract work, or that any order of the Engineer exceeds the work requirements of the provisions of the contract, the Contractor shall promptly, within ten work days of receipt of the order or direction, notify the Engineer in writing of its contentions thereto. The Contractor must progress the work as required and ordered. In the meantime, the Contractor, if it considers the issue unresolved, shall promptly, within ten work days of receipt of the Engineer's written decision, notify the Sponsor in writing with copies to the Engineer, of its contentions relative to the dispute, indicating the substance of previous communication on the issue with the Engineer and its rebuttal of their previous findings. The Sponsor, or its designated representative, shall make a finding thereon and notify the Contractor of same in writing. If such work is determined by the Sponsor or its designee to be extra work pursuant to the provisions of this Section, compensation will be made pursuant to Extra Force Account Work, Dispute Compensation and Record keeping, Part B. In addition, after submitting the required notice specified in this section, the contractor shall complete its dispute submission by complying with Extra Force Account Work, Dispute Compensation and Record keeping, Part (E), Required Content of Dispute Submission, when such information is ascertainable by the contractor and Part (F),
Disputed Work. Notwithstanding all above, if the City believes in good faith that some portion of Work has not been completed satisfactorily, the City may require Vendor to correct such work prior to The City payment. In such event, the City will provide to Vendor an explanation of the concern and the remedy that the City expects. The City may withhold from any payment that is otherwise due, an amount that the City in good faith finds to be under dispute, or if the Vendor does not provide a sufficient remedy, The City may retain the amount equal to the cost to The City for otherwise correcting or remedying the work not properly completed.
Disputed Work. If the Parties fail to reach agreement with respect to the Change Order Proposal, SRTA may nevertheless direct the TSI Contractor to proceed with the Work included in the Change Order Proposal (which for purposes of Section 17 (Contract Changes) shall be hereinafter defined as “Disputed Work”). In the event of such Disputed Work, the TSI Contractor shall be obligated to proceed immediately upon notice from SRTA to perform the Disputed Work and shall be compensated by SRTA in accordance with time and Equipment rates in Exhibit E (Pricing Schedules) of this Contract. If there are no applicable Equipment rates in Exhibit E (Pricing Schedules), then SRTA shall pay TSI Contractor for the actual cost to obtain such Equipment and/or labor at the rate charged TSI Contractor plus a 9% markup. The TSI Contractor shall furnish weekly status reports regarding Disputed Work, including such documentation as SRTA may require in order to support all costs of the Disputed Work. The TSI Contractor agrees to maintain and furnish SRTA with time and materials records that will substantiate the TSI Contractor’s costs for Disputed Work.
Disputed Work. In any case where the Consultant deems extra compensation is due for work or services not clearly covered in this Agreement, or not ordered in writing by the City as extra services, the Consultant shall immediately notify the City in writing of its intention to make claim for such extra compensation before the Consultant begins the work on which the Consultant bases the claim. If such notification is not given, and/or if the City is not afforded an opportunity to negotiate the appropriate fee for such extra services, the Consultant is deemed to have agreed to waive the claim for such extra compensation. Such notice by the Consultant to the City shall not in any way be construed as proving the validity of the claim. The claim must be approved, in writing, by the City.
Disputed Work. If the Parties fail to reach agreement with respect to the Change Order Proposal, ATL may nevertheless direct the Contractor to proceed with the Work included in the Change Order Proposal (which for purposes of Section 20 (Contract Changes) shall be hereinafter defined as “Disputed Work”). In the event of such Disputed Work, the Contractor shall be obligated to proceed immediately upon notice from ATL to perform the Disputed Work and shall be compensated by ATL in accordance with time, Materials and Equipment rates in Exhibit C (Pricing Schedules) of this Contract. If there are no applicable rates in Exhibit C (Pricing Schedules), then ATL shall pay Contractor for the actual cost to obtain such Equipment and/or labor at the rate charged Contractor plus a 9% markup. The Contractor shall furnish weekly status reports regarding Disputed Work, including such documentation as ATL may require in order to support all costs of the Disputed Work. The Contractor agrees to maintain and furnish ATL with time and Materials records that will substantiate the Contractor’s costs for Disputed Work.
Disputed Work. If the Contractor is of the opinion that any work required by the Owner violates the terms and provisions of this Contract, then it shall, within four (4) days of commencing such work or action, notify the Owner of the asserted violation in writing. The Owner’s Division Superintendent or Designee will make a determination within ten (10) days of the written request. Failure of the Contractor to so notify the Owner shall constitute a waiver and release of the Contractor's right to claim compensation for any work or damages resulting from such compliance.
