Common use of Initial Claim Clause in Contracts

Initial Claim. If either Contractor or an Owner believes that it is entitled to relief against the other for any event arising out of or related to the Agreement or related to the Project, such party shall provide written notice of its intent to make a claim to the other party or parties of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and shall be governed in accordance with any specific notice requirements contained elsewhere in this Agreement. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed ten (10) business days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice of intent shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief; the actual claim shall be made as soon thereafter as possible. All claims by Contractor must be made not later than sixty (60) days after final payment, and must include the specific contractual adjustment or relief requested and the basis of such request. Each party agrees to promptly respond, in writing, to claims of the other party, but no later than sixty (60) days after submission of a fully documented claim. The failure to respond in writing to a claim within sixty (60) days shall constitute the other party’s decision to deny the claim. If the claiming party is not satisfied with such decision, it shall undertake the dispute resolution process set forth below.

Appears in 4 contracts

Samples: Interim Agreement, Interim Agreement, Interim Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!