Common use of EXTRAS AND CLAIMS Clause in Contracts

EXTRAS AND CLAIMS. Except as otherwise provided in this Contract, no payment for extra Work shall be made unless such extra Work and the price therefore have been authorized by advanced written order of HISD pursuant to Article 26. Claims for money other than the amount of each Job Order shall be determined as set forth below. A. Definition. Claim is any demand or assertion by the Contractor that it should be paid more money than the Job Order amount, as adjusted under Article 26, by the Project Manager because of action or inaction on the part of Project Manager, Architect/Engineer, or any party for whom HISD is responsible, or any party with whom HISD has separately contracted for other portions of the Project, including, but not limited to, any demand or assertion that Contractor’s performance has been delayed, interrupted or interfered with, that Contractor’s performance has been accelerated, constructively accelerated, or suspended, that Contractor’s performance has been wrongfully terminated, that the Contract Documents have been misinterpreted, that there has been a failure of payment, that Contractor has encountered concealed or unknown conditions, that Contractor has encountered hazardous materials, that there are problems with the Contract Documents, or the timing of Project Manager approvals or decisions, that actions of HISD have been intentionally wrongful or deceptive, that the amount of time or money granted in a Construction Change Directive is inadequate, that an item treated as a minor change in the Work should have been treated as a Supplemental Job Order, that a time extension grant was inadequate, or that Contractor is entitled to any other relief, on any legal theory, related to the Work and this Contract. B. Within five (5) days of the first occurrence of any event that Contractor has any reason to believe might result in a Claim, or within five (5) days of Contractor’s discovery of the first occurrence of an event that Contractor has any reason to believe might result in a Claim if the first occurrence of the event was willfully hidden from the Contractor, the Contractor shall file a written document clearly captioned “Notice of Claim” with the HISD General Manager. The notice shall clearly set out the specific matter of complaint, and the impact or damages, which may occur or have occurred as a result thereof, to the extent the impact or damages can be assessed at the time of the notice. If the impact or damages cannot be assessed as of the date of the notice, the notice shall be amended at the earliest date this is reasonably possible. C. Any Claim or portion of a Claim that has not been made the specific subject of a notice strictly in accordance with the requirements of this section shall be waived. It is imperative that the HISD General Manager have timely, specific notice of any subject, the impact of which HISD General Manager may be in a position to mitigate.

EXTRAS AND CLAIMS. Except as otherwise provided in this Contract, no payment for extra Work shall be made unless such extra Work and the price therefore have been authorized by advanced written order of HISD pursuant to Article 26. Claims for money other than the amount of each Job Order shall be determined as set forth below. A. Definition. Claim is any demand or assertion by the Contractor that it should be paid more money than the Job Order amount, as adjusted under Article 26, by the Project Manager because of action or inaction on the part of Project Manager, Architect/Engineer, or any party for whom HISD is responsible, or any party with whom HISD has separately contracted for other portions of the Project, including, but not limited to, any demand or assertion that Contractor’s performance has been delayed, interrupted or interfered with, that Contractor’s performance has been accelerated, constructively accelerated, or suspended, that Contractor’s performance has been wrongfully terminated, that the Contract Documents have been misinterpreted, that there has been a failure of payment, that Contractor has encountered concealed or unknown conditions, that Contractor has encountered hazardous materials, that there are problems with the Contract Documents, or the timing of Project Manager approvals or decisions, that actions of HISD have been intentionally wrongful or deceptive, that the amount of time or money granted in a Construction Change Directive is inadequate, that an item treated as a minor change in the Work should have been treated as a Supplemental Job Change Order, that a time extension grant was inadequate, or that Contractor is entitled to any other relief, on any legal theory, related to the Work and this Contract. B. Within five (5) days of the first occurrence of any event that Contractor has any reason to believe might result in a Claim, or within five (5) days of Contractor’s discovery of the first occurrence of an event that Contractor has any reason to believe might result in a Claim if the first occurrence of the event was willfully hidden from the Contractor, the Contractor shall file a written document clearly captioned “Notice of Claim” with the HISD General Manager. The notice shall clearly set out the specific matter of complaint, and the impact or damages, which may occur or have occurred as a result thereof, to the extent the impact or damages can be assessed at the time of the notice. If the impact or damages cannot be assessed as of the date of the notice, the notice shall be amended at the earliest date this is reasonably possible. C. Any Claim or portion of a Claim that has not been made the specific subject of a notice strictly in accordance with the requirements of this section shall be waived. It is imperative that the HISD General Manager have timely, specific notice of any subject, the impact of which HISD General Manager may be in a position to mitigate.