Common use of NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY Clause in Contracts

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 in the contract sum are limited exclusively to its actual costs for such changes plus 5% for profit. The Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies for delays and changes in such work, and eliminate any other remedies for claim for increase in the contract price, delays, changes in the work, damages, losses or additional compensation.

NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY. 14.1 16.1 The Owner's liability to the Construction Manager for any claims arising out of or related to the subject matter of this contractAgreement, 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- 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 20 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 implicationsaffected. 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. Time is of the essence with respect to the time requirements of this paragraph. 14.2 16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect- 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 Owner's 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 6028-4106, F.A.C. within thirty twenty-one (3021) days of the Construction Manager’s 's receipt of the Owners Owner's determination. The venue for all civil and administrative actions against the Owner shall be in Pinellas County. 14.3 For work the Construction Manager performs with its own forces, and in addition to the adjustments provided for in Article 8, the 16.3 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 Agreement16.1 above, for an extension of the scheduled construction time. In the event , as determined by Article 10.2 of a change in such workthis Agreement, the Construction Managers claim for adjustments in the contract sum are limited exclusively and additional compensation pursuant to its actual costs for such changes plus 5% for profitArticle 8.1.2(2) of this Agreement. The Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies for delays and changes in such work, and eliminate any other remedies for claim claims for increase in the contract price, delays, changes in the work, damages, losses or additional compensation. 16.4 In the event it shall be determined, by a Court of competent jurisdiction, that the preceding provision are inapplicable or enforceable for any reason or cause, then the Construction Manager shall be entitled to the sum of $200 per day for each day it is actually delayed by the action of or neglect of the Owner or Architect-Engineer, or by changes in the Project, or by any other cause of delay which is attributable to the Owner and beyond the Construction Manager's control, avoidance or mitigation and without the fault or negligence of the Construction Manager and/or Subcontractor or supplier at any tier. This provision contemplates anticipated and actual loss caused by any delay and the difficulty in proving the loss. The sum set forth above, on a per diem basis, is the total amount recoverable from the Owner as full and final compensation for all delay damages, consequential damages, loss of profits and/or the like, plus additional construction phase fees as determined by Article 8.1.2.

NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY. 14.1 16.1 The Owner's liability Contractor’s right to Construction Manager for any make claims arising out of or related to the subject matter of this contractAgreement, 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 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: (a1) All claims must be submitted as a Request for Change Order in the manner as provided herein; (b2) The Construction Manager Contractor must submit a Notice of Claim to Owner and to the Architect- Architect-Engineer within 20 twenty (20) days of when the Construction Manager Contractor was or should have been aware of the occurrence of the event giving rise to the claim; and (c3) Within 10 ten (10) days of submitting its Notice of Claim, the Construction Manager Contractor 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. affected. (4) The Construction Manager Contractor agrees that the Owner shall not be liable for any claim that the Construction Manager Contractor fails to submit as a Request for Change Order as provided in this paragraph. 14.2 After receipt (5) In the event of a Request for Change Ordermaterial change in the scope of work, the Owner, Contractor's claim for adjustments in consultation with the Architect- Engineer, shall deliver contract price are limited exclusively to the Construction Manager its written determination of the claim. As to matters subject to the determination by final agency action (not actions actual costs 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 such changes plus profit as identified in compliance with Rule Chapter 60-4, F.A.C. within thirty (30) days of the Construction Manager’s receipt of the Owners determinationArticle 8. 14.3 16.2 For work the Construction Manager Contractor performs with its own forces, and in addition to the adjustments provided for in Article 8, the Construction ManagerContractor'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, Engineer and including claims based on breach of contract or negligence, shall be a claim submitted in compliance with 14.1 of this AgreementArticle 16.1 above, for an extension of the scheduled construction time. In the event of a change in such work, the Construction Managers claim for adjustments in however the contract sum are limited exclusively to its actual costs price shall not be increased, except for such changes plus 5% for profit. The Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies for delays and changes additional fees set forth in such work, and eliminate any other remedies for claim for increase in the contract price, delays, changes in the work, damages, losses or additional compensationArticle 8.

NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY. 14.1 16.1 The Owner's liability to the Construction Manager for any claims arising out of or related to the subject matter of this contractAgreement, 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- 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 20 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 implicationsaffected. 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. Time is of the essence with respect to the time requirements of this paragraph. 14.2 16.2 After receipt of a Request for Change Order, the Owner, in consultation with the Architect- 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 Owner's 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 6028-4106, F.A.C. within thirty twenty-one (3021) days of the Construction Manager’s 's receipt of the Owners Owner's 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 16.3 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 Agreement16.1 above, for an extension of the scheduled construction time. In the event , as determined by Article 10.2 of a change in such workthis Agreement, the Construction Managers claim for adjustments in the contract sum are limited exclusively and additional compensation pursuant to its actual costs for such changes plus 5% for profitArticle 8.1.2(2) of this Agreement. The Construction Manager expressly agrees that the foregoing constitute its sole and exclusive remedies for delays and changes in such work, and eliminate any other remedies for claim claims for increase in the contract price, delays, changes in the work, damages, losses or additional compensation. 16.4 In the event it shall be determined, by a Court of competent jurisdiction, that the preceding provision are inapplicable or enforceable for any reason or cause, then the Construction Manager shall be entitled to the sum of $200 per day for each day it is actually delayed by the action of or neglect of the Owner or Architect-Engineer, or by changes in the Project, or by any other cause of delay which is attributable to the Owner and beyond the Construction Manager's control, avoidance or mitigation and without the fault or negligence of the Construction Manager and/or Subcontractor or supplier at any tier. This provision contemplates anticipated and actual loss caused by any delay and the difficulty in proving the loss. The sum set forth above, on a per diem basis, is the total amount recoverable from the Owner as full and final compensation for all delay damages, consequential damages, loss of profits and/or the like, plus additional construction phase fees as determined by Article 8.1.2.