Common use of Requests for Contract Adjustments and Relief Clause in Contracts

Requests for Contract Adjustments and Relief. 13.1.1 If either Design-Build Subcontractor or Design-Builder believes that it is entitled to relief against the other for any event arising out of or related to the Work or the Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall be in accordance with specific notice requirements contained in applicable sections of the Contract Documents and, if possible, be made prior to incurring any cost or expense. Design-Build Subcontractor shall provide Design-Builder written notice of claims for which Owner may be responsible in sufficient time for Design-Builder to meet its notice requirements to Owner set forth in the Contract Documents. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed ten (10) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall be in accordance with the Contract Documents and shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. Design-Build Subcontractor shall comply with all documentation requirements set forth in the Design-Build Agreement when submitting its claim to Design-Builder.

Appears in 2 contracts

Samples: Standard Form of Agreement Between Design Builder and Design Build Subcontractor Lump Sum, Design Build Subcontract Agreement

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Requests for Contract Adjustments and Relief. 13.1.1 11.1.1 If either Design-Build Subcontractor Design Consultant or Design-Builder believes that it is entitled to relief against the other for any event arising out of or related to the Work Services or the Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall be in accordance with specific notice requirements contained in applicable sections of the Contract Documents and, if possible, be made prior to incurring any cost or expense. Design-Build Subcontractor Design Consultant shall provide Design-Builder written notice of claims for which Owner may be responsible responsible, including but not limited to changes in the Basis of Design Documents, in sufficient time for Design-Builder to meet its notice requirements to Owner set forth in the Contract Documents. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed ten five (105) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall be in accordance with the Contract Documents and shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. Design-Build Subcontractor Design Consultant shall comply with all documentation requirements set forth in the Design-Build Agreement when submitting its claim to Design-Builder.

Appears in 1 contract

Samples: Design Build Agreement

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Requests for Contract Adjustments and Relief. SAMPLE 13.1.1 If either Design-Build Subcontractor or Design-Builder believes that it is entitled to relief against the other for any event arising out of or related to the Work or the Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall be in accordance with specific notice requirements contained in applicable sections of the Contract Documents and, if possible, be made prior to incurring any cost or expense. Design-Build Subcontractor shall provide Design-Builder written notice of claims for which Owner may be responsible in sufficient time for Design-Builder to meet its notice requirements to Owner set forth in the Contract Documents. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed ten (10) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall be in accordance with the Contract Documents and shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. Design-Build Subcontractor shall comply with all documentation requirements set forth in the Design-Build Agreement when submitting its claim to Design-Builder.

Appears in 1 contract

Samples: Standard Form of Agreement Between Design Builder and Design Build Subcontractor

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