NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY. 14.1 The Owner's liability to Construction Manager for any claims arising out of or related to the subject matter of this contract, whether in contract or tort, including, but not limited to, claims for extension of construction time, for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to be performed, or for additional work, shall be governed by the following provisions:
(a) All claims must be submitted as a Request for Change Order in the manner as provided herein;
(b) The Construction Manager must submit a Notice of Claim to Owner and to the Architect- Engineer within 20 days of when the Construction Manager was or should have been aware of the occurrence of the event giving rise to the claim; and
(c) Within 10 days of submitting its Notice of Claim, the Construction Manager shall submit to the Owner its Request for Change Order, which shall include a written statement of all details of the claim, including a description of the work affected and details of the cost implications. The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction Manager fails to submit as a Request for Change Order as provided in this paragraph.
14.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect- Engineer, shall deliver to the Construction Manager its written determination of the claim. As to matters subject to the determination by final agency action (not actions for breach of contract or tort) the Owners written decision shall be final agency action unless the Construction Manager requests an administrative proceeding pursuant to Section 120.57, Florida Statutes, by filing a petition in compliance with Rule Chapter 60-4, F.A.C. within thirty (30) days of the Construction Manager’s receipt of the Owners determination.
14.3 For work the Construction Manager performs with its own forces, and in addition to the adjustments provided for in Article 8, the Construction Manager's exclusive remedy for delays in performance of the construction caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or the Architect-Engineer, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with 14.1 of this Agreement, for an extension of the scheduled construction time. In the event of a change in such work, the Construction Managers claim for adjustments i...
NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY. 16.1 The Owner's liability to Contractor for any claims arising out of or related to the subject matter of this Agreement or any Project Agreement, whether in contract or tort, including, but not limited to, claims for extension of construction time, for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is to be performed, or for additional work, shall be governed by the following provisions:
(a) All claims must be submitted as a Request for Change Order in the manner as provided herein;
(b) Contractor must submit a Notice of Claim to Owner and to the Architect-Engineer within
