Common use of Notice of Potential Claim Clause in Contracts

Notice of Potential Claim. The ENGINEER shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the DISTRICT, or for the happening of any event, thing, occurrence, or other cause, unless the ENGINEER has provided the DISTRICT with timely written Notice of Potential Claim as hereinafter specified. The written Notice of Potential Claim shall set forth the reasons for which the ENGINEER believes additional compensation will or may be due, the nature of the cost involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the DISTRICT prior to the time that the ENGINEER shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the DISTRICT, or in all other cases within fifteen (15) calendar days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this paragraph that differences between the parties relating to this Agreement be brought to the attention of the DISTRICT at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The ENGINEER hereby agrees that it shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written Notice of Potential Claim as herein required was filed with the DISTRICT Director of Public Works.

Appears in 1 contract

Samples: agenda.slocounty.ca.gov

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Notice of Potential Claim. The ENGINEER CONSULTANT shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the DISTRICTCOUNTY, or for the happening of any event, thing, occurrence, or other cause, unless the ENGINEER CONSULTANT has provided the DISTRICT COUNTY with timely written Notice of Potential Claim as hereinafter specified. The written Notice of Potential Claim shall set forth the reasons for which the ENGINEER CONSULTANT believes additional compensation will or may be due, the nature of the cost involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the DISTRICT COUNTY prior to the time that the ENGINEER CONSULTANT shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the DISTRICTCOUNTY, or in all other cases within fifteen (15) calendar days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this paragraph that differences between the parties relating to this Agreement be brought to the attention of the DISTRICT COUNTY at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The ENGINEER CONSULTANT hereby agrees that it shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written Notice of Potential Claim as herein required was filed with the DISTRICT COUNTY Director of Public Works.

Appears in 1 contract

Samples: Agreement For

Notice of Potential Claim. The ENGINEER shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the DISTRICTCOUNTY, or for the happening of any event, thing, occurrence, or other cause, unless the ENGINEER has provided the DISTRICT COUNTY with timely written Notice of Potential Claim as hereinafter specified. The written Notice of Potential Claim shall set forth the reasons for which the ENGINEER believes additional compensation will or may be due, the nature of the cost involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the DISTRICT COUNTY prior to the time that the ENGINEER shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the DISTRICTCOUNTY, or in all other cases within fifteen (15) calendar days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this paragraph that differences between the parties relating to this Agreement be brought to the attention of the DISTRICT COUNTY at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The ENGINEER hereby agrees that it shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written Notice of Potential Claim as herein required was filed with the DISTRICT COUNTY Director of Public Works.

Appears in 1 contract

Samples: BHLS 5949

Notice of Potential Claim. The ENGINEER CONTRACTOR shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the DISTRICTENGINEER, including failure or refusal to issue a Contract Change Order, or for the happening of any event, thing, occurrence, or other cause, unless CONTRACTOR shall have given the ENGINEER has provided the DISTRICT with timely due written Notice notice of Potential Claim potential claim as hereinafter specified. Compliance with this Section 10-5 shall not be considered a prerequisite for matters within the scope of the protest provisions in Section 4-3, "Changes," or Section 9-4, "Time of Completion," or any claim which is based on differences in measurements or errors of computation as to Contract quantities. The written Notice notice of Potential Claim potential claim shall set forth the reasons for which the ENGINEER CONTRACTOR believes additional compensation will or may be due, the nature of the cost costs involved, and, insofar as possible, the amount of the potential claim. The said notice notice, as above required required, must have been given to the DISTRICT ENGINEER prior to the time that the ENGINEER CONTRACTOR shall have performed the work Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the DISTRICTENGINEER, or in all other cases within fifteen (15) calendar 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention intent of this paragraph Section 10-5 that differences between the parties relating to this Agreement arising, under and by virtue of the Contract, be brought to the attention of the DISTRICT ENGINEER at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The ENGINEER CONTRACTOR hereby agrees that it shall have acknowledges having no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written Notice notice of Potential Claim potential claim was filed as herein required was filed with the DISTRICT Director of Public Worksrequired.

Appears in 1 contract

Samples: Agreement

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Notice of Potential Claim. The ENGINEER shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the DISTRICTCOUNTY, or for the happening of any event, thing, occurrence, or other cause, unless the ENGINEER has provided the DISTRICT COUNTY with timely written Notice of Potential Claim as hereinafter specified. The written Notice of Potential Claim shall set forth the reasons for which the ENGINEER believes additional compensation will or may be due, the nature of the cost involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the DISTRICT COUNTY prior to the time that the ENGINEER shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the DISTRICTCOUNTY, or in all other cases within fifteen (15) calendar days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. It is the intention of this paragraph that differences between the parties relating to this Agreement be brought to the attention of the DISTRICT COUNTY at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The ENGINEER hereby agrees that it shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing, or occurrence for which no written Notice of Potential Claim as herein required was filed with the DISTRICT COUNTY Director of Public Works.

Appears in 1 contract

Samples: Agreement for Professional Engineering Services

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