Common use of Submission and Disposition of Claims Clause in Contracts

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. 1. 24.1 Prompt knowledge by the OWNER Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the OWNER Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the OWNER Owner with notice of the ENGINEER Architect intention to file a claim which (i) describes the act or omission by the OWNER Owner or its agents that the ENGINEER Architect 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 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 Architect to result from its acting on an order from the OWNEROwner, 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 ENGINEERArchitect. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The OWNER Owner will review the claim and render a final decision in writing within 30 days of receipt of ENGINEERArchitect’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. 1. 21.1 Prompt knowledge by the OWNER Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the OWNER Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the OWNER Owner with notice of the ENGINEER Architect intention to file a claim which (i) describes the act or omission by the OWNER Owner or its agents that the ENGINEER Architect 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 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 Architect to result from its acting on an order from the OWNEROwner, 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 ENGINEERArchitect. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The OWNER Owner will review the claim and render a final decision in writing within 30 days of receipt of ENGINEERArchitect’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. 1. 21.1 Prompt knowledge by the OWNER Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the OWNER Owner and/or result in Revised October 8, 2015 mitigation or elimination of the effects of the claim. Therefore, a written statement providing the OWNER Owner with notice of the ENGINEER Engineer intention to file a claim which (i) describes the act or omission by the OWNER Owner or its agents that the ENGINEER 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 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 Engineer to result from its acting on an order from the OWNEROwner, 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 ENGINEEREngineer. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The OWNER Owner will review the claim and render a final decision in writing within 30 days of receipt of ENGINEEREngineer’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. 1. 21.1 Prompt knowledge by the OWNER Owner of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the OWNER Owner and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the OWNER Owner with notice of the ENGINEER Engineer intention to file a claim which (i) describes the act or omission by the OWNER Owner or its agents that the ENGINEER 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 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 Engineer to result from its acting on an order from the OWNEROwner, 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 ENGINEEREngineer. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The OWNER Owner will review the claim and render a final decision in writing within 30 days of receipt of ENGINEEREngineer’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. 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 SURVEYOR intention to file a claim which (i) describes the act or omission by the OWNER or its agents that the ENGINEER SURVEYOR 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 SURVEYOR 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 ENGINEERSURVEYOR. 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 ENGINEERSURVEYOR’s written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law.