Common use of NOTIFICATION OF CLAIMS AND DOCUMENTATION Clause in Contracts

NOTIFICATION OF CLAIMS AND DOCUMENTATION. (a) A Claim is a written demand by one party for an interpretation of terms, adjustment to the agreement price or adjustment to the time in which to perform the Agreement. A Claim may arise from, without limitation, issues concerning the acceptability of work, progress of work, differing site conditions, ambiguities or defects in the Contract Documents and whether work the Contractor is performing is included in this Agreement. The Contractor shall give BSA’s Contractual Representative written notice no later than 5 days prior to beginning any work that it believes constitutes a change to the work required by or time in which to perform this Agreement; and expressly waives the right to make any Claim pertaining thereto if it fails to give this required notice. Unless a provision of this Agreement expressly provides for more or less time, the Contractor shall give BSA notice of all other Claims within 14 days of the time the condition giving rise to the Claim first becomes known the Contractor. A Claim is known to the Contractor provided it is known to the project superintendent or any xxxxxxx reporting to the superintendent. The Contractor shall include the requirements of this clause in all subcontracts and purchase orders and BSA shall not be liable for any Claim of any subcontractor or supplier that has failed to comply with this notification provision. (b) A Claim shall provide complete documentation, including: (i) the Contractor’s certification, by its owner or an officer, under penalty of perjury, that 1. the Claim is made in good faith, 2. supporting data are accurate and complete to the best of the Contractor’s and subcontractor’s (if applicable) knowledge and belief, and 3. the amount requested accurately reflects the Contract adjustment for which the Contractor believes the Owner is liable; (ii) full disclosure of facts and detailed reasons supporting the Claim with citations to relevant provisions in the Contract Documents; and (iii) complete documented cost of doing the work for which the Claim is being made (c) BSA will make a final decision on all Claims prior to the date of final payment. BSA’s decision will be in writing, will be consistent with the intent of the Contract Documents and will cite the basis on which it is made. BSA’s decision is a condition precedent to proceeding in the manner set forth in the Disputes Article. BSA’s decision shall be final and binding on the Contractor unless the Contractor, within 30 days following receipt of BSA’s decision, notifies BSA’s PPM in writing that it intends to proceed under the Disputes Article. Failure to provide such notice shall constitute a waiver of the Claim(s), and the Contractor shall thereafter indemnify and hold harmless BSA from any and all liability arising out of or relating to such Claim(s).

NOTIFICATION OF CLAIMS AND DOCUMENTATION. (a) A Claim is a written demand by one party for an interpretation of terms, adjustment to the agreement price or adjustment to the time in which to perform the Agreement. A Claim may arise from, without limitation, issues concerning the acceptability of work, progress of work, differing site conditions, ambiguities or defects in the Contract Documents and whether work the Contractor is performing is included in this Agreement. The Contractor shall give BSA’s Contractual Representative written notice no later than 5 days prior to beginning any work that it believes constitutes a change to the work required by or time in which to perform this Agreement; and expressly waives the right to make any Claim pertaining thereto if it fails to give this required notice. Unless a provision of this Agreement expressly provides for more or less time, the Contractor shall give BSA notice of all other Claims within 14 days of the time the condition giving rise to the Claim first becomes known the Contractor. A Claim is known to the Contractor provided it is known to the project superintendent or any xxxxxxx reporting to the superintendent. The Contractor shall include the requirements of this clause in all subcontracts and purchase orders and BSA shall not be liable for any Claim of any subcontractor or supplier that has failed to comply with this notification provision. (b) A Claim shall provide complete documentation, including: (i1) the Contractor’s certification, by its owner or an officer, under penalty of perjuryxxxxxxx, that 1. that (i) the Claim is made in good faith, 2. , (ii) supporting data are accurate and complete to the best of the Contractor’s and subcontractor’s (if applicable) knowledge and belief, and 3. and (iii) the amount requested accurately reflects the Contract adjustment for which the Contractor believes the Owner is liable; (ii2) full disclosure of facts and detailed reasons supporting the Claim with citations to relevant provisions in the Contract Documents; and (iii3) complete documented cost of doing the work for which the Claim is being made (c) BSA will make a final decision on all Claims prior to the date of final payment. BSA’s decision will be in writing, will be consistent with the intent of the Contract Documents and will cite the basis on which it is made. BSA’s decision is a condition precedent to proceeding in the manner set forth in the Disputes Article. BSA’s decision shall be final and binding on the Contractor unless the Contractor, within 30 days following receipt of BSA’s decision, notifies BSA’s PPM in writing that it intends to proceed under the Disputes Article. Failure to provide such notice shall constitute a waiver of the Claim(s), and the Contractor shall thereafter indemnify and hold harmless BSA from any and all liability arising out of or relating to such Claim(s).

NOTIFICATION OF CLAIMS AND DOCUMENTATION. ‌ (a) A Claim is a written demand by one party for an interpretation of terms, adjustment to the agreement price or adjustment to the time in which to perform the Agreement. A Claim may arise from, without limitation, issues concerning the acceptability of work, progress of work, differing site conditions, ambiguities or defects in the Contract Documents and whether work the Contractor is performing is included in this Agreement. The Contractor shall give BSA’s Contractual Representative written notice no later than 5 days prior to beginning any work that it believes constitutes a change to the work required by or time in which to perform this Agreement; and expressly waives the right to make any Claim pertaining thereto if it fails to give this required notice. Unless a provision of this Agreement expressly provides for more or less time, the Contractor shall give BSA notice of all other Claims within 14 days of the time the condition giving rise to the Claim first becomes known the Contractor. A Claim is known to the Contractor provided it is known to the project superintendent or any xxxxxxx reporting to the superintendent. The Contractor shall include the requirements of this clause in all subcontracts and purchase orders and BSA shall not be liable for any Claim of any subcontractor or supplier that has failed to comply with this notification provision. (b) A Claim shall provide complete documentation, including: (i) the Contractor’s certification, by its owner or an officer, under penalty of perjury, that 1. the Claim is made in good faith, 2. supporting data are accurate and complete to the best of the Contractor’s and subcontractor’s (if applicable) knowledge and belief, and 3. the amount requested accurately reflects the Contract adjustment for which the Contractor believes the Owner is liable; (ii) full disclosure of facts and detailed reasons supporting the Claim with citations to relevant provisions in the Contract Documents; and (iii) complete documented cost of doing the work for which the Claim is being made (c) BSA will make a final decision on all Claims prior to the date of final payment. BSA’s decision will be in writing, will be consistent with the intent of the Contract Documents and will cite the basis on which it is made. BSA’s decision is a condition precedent to proceeding in the manner set forth in the Disputes Article. BSA’s decision shall be final and binding on the Contractor unless the Contractor, within 30 days following receipt of BSA’s decision, notifies BSA’s PPM in writing that it intends to proceed under the Disputes Article. Failure to provide such notice shall constitute a waiver of the Claim(s), and the Contractor shall thereafter indemnify and hold harmless BSA from any and all liability arising out of or relating to such Claim(s).