Submission and Disposition of Claims. No claim shall be made under this Contract until and unless the Contractor has failed to obtain a Change Order or has received a Deductive Change Order. The Contractor shall give the County written Notice of Intent To File a Claim within ten (10) calendar days of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to the beginning of the work upon which the claim is to be based, or the rejection of his Proposed Change Order, whichever is earlier. This written Notice shall clearly inform the County that it is a “Notice of Intent To File a Claim” and describe the act of omission or commission by the County or its agents that allegedly caused damage to the Contractor and the nature of the claimed damage. Failure to submit such Notice of Intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufficient. In addition, at the time of each and every occurrence that the Contractor feels gives it the right to make a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the County’s records. The filing of such Notice of Intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim. No claim shall be allowed and no amounts paid for any and all costs incurred if the “Notice of Intent To File a Claim” is not given to the Owner as herein provided. The complete written claim, with all supporting documentation, shall be submitted to the County Purchasing Agent no later than sixty (60) days after final payment. If the claim is not disposed of by agreement, the Purchasing Agent shall reduce his decision to writing and mail or otherwise forward a copy thereof to the Contractor within thirty (30) days of receipt of the claim. The Purchasing Agent's decision shall be final unless the Contractor appeals within thirty (30) days by ...
Submission and Disposition of Claims. 1. Prompt knowledge by the OWNER of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the OWNER and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the OWNER with notice of the ENGINEER intention to file a claim which (i) describes the act or omission by the OWNER or its agents that the ENGINEER contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the OWNER within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the ENGINEER to result from its acting on an order from the OWNER, it shall immediately take written exception to the order. For purposes of this provision, “claim” shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the ENGINEER. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The OWNER will review the claim and render a final decision in writing within 30 days of receipt of ENGINEER’s written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law.
Submission and Disposition of Claims. 21.1 Prompt knowledge by the Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the Owner with notice of the Engineer intention to file a claim which (i) describes the act or omission by the Owner or its agents that the Engineer contends caused it damages or entitles it to other relief; and
Submission and Disposition of Claims. Prompt knowledge by the Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the Owner with notice of the Contractor’s intention to file a claim which (i) describes the act or omission by the Owner or its agents that the Contractor contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written statement shall be submitted to the Owner within 10 calendar days of the time of the occurrence or event giving rise to the Claim or beginning of the work upon which the Claim is based; provided, however, if such damage is deemed certain in the opinion of the Contractor to result from its acting on an order from the Owner, it shall immediately take written exception to the order. For purposes of this provision,
