Common use of Subcontractor Claims Clause in Contracts

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.”  ▪ District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five”

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Orderchange order, unless such claim was previously submitted to the District as a request for a Change Orderchange order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five”

Subcontractor Claims. Pursuant For any request or claim by Subcontractor seeking additional time or compensation that: (a) arises out of or is related to Public Contract Code § 9204(d)(5the acts or omissions of the Owner or a party for whom the Owner is responsible (other than Contractor), (b) changes to or defects in the Prime Contract, or (c) any other claim for which the Owner may have responsibility in whole or part (collectively “claims”), Subcontractor agrees to be bound to Contractor to the same extent that Contractor is bound to Owner, both by the terms of the Prime Contract and by any and all decisions or determinations made thereunder by the party, board or court as authorized in the Prime Contract for resolving claims. If the Prime Contract contains a Subcontractor may request in writingprovision, either on its own behalf identified as a “Disputes”, “Claims” or “Claims Resolution” clause, which specifies a procedure for resolving such claims, then Contractor agrees to invoke, at Subcontractor’s reasonable request, that Disputes, Claims or Claims Resolution clause on behalf of a lower tier Subcontractor, that the Contractor submit and will allow Subcontractor to reasonably participate in and, to the District a extent allowed, to present its meritorious claims to Owner in Contractor’s name, provided that Subcontractor cooperates fully with Contractor in the preparation and presentation of the claims. Subcontractor shall have full responsibility for the preparation and presentation of its claims, including giving Contractor timely notice so that Contractor may comply with the claim for work notification requirements of the Prime Contract, and shall bear all expense related thereto, including attorney’s fees. Subcontractor agrees to be bound by any final determination rendered on its claims, whether pursuant to any such clause or otherwise, and Subcontractor shall in no event be entitled to receive any greater amount from Contractor than Contractor is entitled to and actually does receive from Owner on account of Subcontractor’s claims, less any markups, fees or costs incurred by Contractor and to which was performed Contractor is otherwise entitled, and Subcontractor specifically agrees that it will accept such amount, if any, received by Contractor from Owner as full satisfaction and discharge of its claims. Subcontractor agrees that it will not take any other action with respect to any such claims. If Subcontractor is not diligent in the Subcontractor pursuit of its claims, or otherwise refuses to cooperate with Contractor as provided in this Subcontract, then in its sole discretion Contractor may consider such claims to be waived or abandoned by a lower tier Subcontractor Subcontractor, or may prepare and present such claims on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor decides to submit the Subcontractor’s claim to the District, Contractor shall provide a copy of the Subcontractor’s written request, including and deduct from any such final recovery all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of Contractor’s receipt of costs, fees and expenses incurred in pursuing the request. In the event the Contractor agrees to submit a Subcontractor’s claim to the District, the Contractor shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor submitted the claim to the District and, if the Contractor did not submit the claim, the Contractor shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor includes supporting documentation with such written statement, the Contractor shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of Contractor] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of meritsame.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor Design-Builder submit to the District Owner a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District Owner shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor Design-Builder decides to submit the Subcontractor’s claim to the DistrictOwner, Contractor Design-Builder shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager within ten (10) days of ContractorDesign-Builder’s receipt of the request. In the event the Contractor Design-Builder agrees to submit a Subcontractor’s claim to the DistrictOwner, the Contractor Design-Builder shall submit such claim as a request for a Change OrderOrder in accordance with Article 6, unless such claim was previously submitted to the District Owner as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor Design-Builder shall notify the Subcontractor in writing as to whether the Contractor Design-Builder submitted the claim to the District Owner and, if the Contractor Design-Builder did not submit the claim, the Contractor Design-Builder shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction Manager. In the event the Contractor Design-Builder includes supporting documentation with such written statement, the Contractor Design-Builder shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor Design-Builder submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor under penalty of perjury that includes the following language immediately above or before the Contractor’s signature: “I declare Design-Builder under penalty of perjury under the laws of the State of California that [insert name of Contractor] Design-Builder has thoroughly evaluated the claim Claim and Supporting Documentation and certifies that, to the best of [insert name of Subcontractor] his/her knowledge, information and determined that the information provided and statements made in the claim are true and correctbelief, substantiated and of merit.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed substantiated and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time periodhas merit. The District shall process Design-Builder recognizes and make payment of any undisputed portion of acknowledges that this requirement is not a Claim within sixty (60) days after mere formality but is intended to ensure that the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-fiveDesign- Builder only submits Claims that it believes are substantiated and have merit.

Subcontractor Claims. Pursuant to Public Contract Code § 9204(d)(5), a Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor ForeFront Power submit to the District a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be submitted to the District shall furnish reasonable documentation to support the claim. Regardless of whether or not the Contractor ForeFront Power decides to submit the Subcontractor’s claim to the District, Contractor ForeFront Power shall provide a copy of the Subcontractor’s written request, including all supporting documentation, to the Project Manager/Construction Manager District within ten (10) days of ContractorForeFront Power’s receipt of the request. In the event the Contractor ForeFront agrees to submit a Subcontractor’s claim to the District, the Contractor ForeFront Power shall submit such claim as a request for a Change Order, unless such claim was previously submitted to the District as a request for a Change Order. Within forty-five (45) days of receipt of the Subcontractor’s written request, the Contractor ForeFront Power shall notify the Subcontractor in writing as to whether the Contractor ForeFront Power submitted the claim to the District and, if the Contractor ForeFront Power did not submit the claim, the Contractor ForeFront Power shall provide the Subcontractor with a written statement of the reasons for not having done so and shall concurrently provide a copy of such written statement to the Project Manager/Construction ManagerDistrict. In the event the Contractor ForeFront Power includes supporting documentation with such written statement, the Contractor ForeFront Power shall concurrently provide a copy of such supporting documentation to the Project Manager/Construction Manager. If the Contractor ForeFront Power submits a Claim on behalf of a Subcontractor, the Claim shall include a statement in writing and signed by an authorized agent or officer of the Contractor ForeFront Power under penalty of perjury that includes the following language immediately above or before the ContractorForeFront Power’s signature: “I declare under penalty of perjury under the laws of the State of California that [insert name of ContractorForeFront Power] has thoroughly evaluated the claim of [insert name of Subcontractor] and determined that the information provided and statements made in the claim are true and correct, substantiated and of merit.”  District Review of Claim. Upon receipt of a Claim, the District shall review the Claim and, within a period not to exceed forty- five (45) days, shall provide Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and the Contractor may, by mutual written agreement, extend the forty-five (45) day time period. The District shall process and make payment of any undisputed portion of a Claim within sixty (60) days after the District issues its written statement. Failure by the District to provide a written statement in response to a Claim from the Contractor within the forty-five”