Common use of Protest Work Clause in Contracts

Protest Work. If the Contractor claims that any work or services requested by the Owner or being performed by the Contractor constitutes Change Order Work for which no Change Order has been issued, the Contractor must, before commencing such Work or services, and in no event any later than within sixty (60) calendar days of the Contractor having actual or constructive knowledge of the claim or the cause thereof, submit a written Notice of Claim/Change Order Protest to the Owner. If the Contractor fails to submit a Notice of Claim/Change Order Protest to the Owner prior to the commencement of the alleged Change Order Work and within sixty (60) calendar days of the Contractor having actual or constructive knowledge of the claim or the cause thereof, the Contractor shall be deemed to have waived and shall be estopped from protesting such work or services as Change Order Work and the Contractor will be deemed to have acknowledged such work or services as part of the Contract Work. Notwithstanding any such claim or protest, the Contractor shall proceed to diligently perform the work or services in question, unless the Owner notifies the Contractor in writing not to perform such work or services.