Common use of Disputed Work Clause in Contracts

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.