Common use of Work Performed Under Protest Clause in Contracts

Work Performed Under Protest. CONTRACTOR agrees to perform all Change Order work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b: a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM Daily Time and Materials Report found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possible, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR agrees to perform all Change Order work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b: a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute ResolutionResolution hereof. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM “Daily Time and Materials Report Report” found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request DCAMMCUSTOMER’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possible, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant to Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR The Contractor agrees to perform all Change Order work Work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM Awarding Authority, and if the Awarding Authority determines that certain work Work that CONTRACTOR the Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the ServicesWork, CONTRACTOR the Contractor shall perform said work and CONTRACTOR Work. The Contractor shall be deemed to have concurred with DCAMM’s the Awarding Authority 's determination as aforesaid determination unless CONTRACTOR performs such work the Contractor shall perform Work under protest in compliance with the following sub-sub- paragraphs a (1) and b:(2) below. Any disputed order, decision or action by the Awarding Authority or its authorized representative shall be fully performed or complied with pending resolution of the dispute. a. (1) If CONTRACTOR the Contractor claims compensation for a change in the work Work that is not deemed by DCAMM the Awarding Authority to be a change or to warrant additional compensation as claimed by CONTRACTORthe Contractor, CONTRACTOR the Contractor shall on or before the first working day following the commencement of any such work Work or the sustaining of any such alleged damage submit to the Resident Engineer Awarding Authority a written statement of the nature of such work Work or claim. CONTRACTOR The Contractor shall not be entitled to additional compensation for any work Work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if though similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. (2) On or before the second business working day after the commencement of such work Work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR the Contractor shall file to the extent possible with the Resident Engineer Engineer, the Designer, and DCAMMthe Awarding Authority, itemized statements of the details and costs of such work Work performed or damage sustained. CONTRACTOR Unless otherwise indicated by the Awarding Authority in writing, the Contractor shall use the DCAMM Awarding Authority's “Daily Time and Materials Report Report” form found in APPENDIX A: REFERENCE DOCUMENTS Appendix C to these General Conditions to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expendedused. If CONTRACTOR the Contractor shall fail to make such statements to the extent possiblestatements, then CONTRACTOR the Contractor shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR The Prime Contractor agrees to perform all Change Order work Work as directed by DCAMM in accordance with DCAMM, and if the terms of this Contract. If DCAMM determines that certain work Work that CONTRACTOR the Prime Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the ServicesWork, CONTRACTOR the Prime Contractor shall perform said work and CONTRACTOR Work. The Prime Contractor shall be deemed to have concurred with the DCAMM’s 's determination as aforesaid determination unless CONTRACTOR performs such work the Prime Contractor shall perform Work under protest in compliance with the following sub-paragraphs a (1) and b:(2) below. Any disputed order, decision or action by DCAMM or its authorized representative shall be fully performed or complied with pending resolution of the dispute. a. (1) If CONTRACTOR the Prime Contractor claims compensation for a change in the work Work that is not deemed by the DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTORthe Prime Contractor, CONTRACTOR the Prime Contractor shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer DCAMM a written statement of the nature of such work or claim. CONTRACTOR The Prime Contractor shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if though similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. (2) On or before the second business working day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR the Prime Contractor shall file to the extent possible with the Resident Engineer Engineer, the Designer, and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR The Prime Contractor shall use the DCAMM Daily Time and Materials Report form found in APPENDIX A: REFERENCE DOCUMENTS DCAMM Form 13 to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expendedused. If CONTRACTOR the Contractor shall fail to make such statements to the extent possiblestatements, then CONTRACTOR the Contractor shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR The Prime Contractor agrees to perform all Change Order work Work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM Awarding Authority, and if the Awarding Authority determines that certain work Work that CONTRACTOR the Prime Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the ServicesWork, CONTRACTOR the Prime Contractor shall perform said work and CONTRACTOR Work. The Prime Contractor shall be deemed to have concurred with DCAMM’s the Awarding Authority 's determination as aforesaid determination unless CONTRACTOR performs such work the Prime Contractor shall perform Work under protest in compliance with the following sub-paragraphs a (1) and b:(2) below. Any disputed order, decision or action by the Awarding Authority or its authorized representative shall be fully performed or complied with pending resolution of the dispute. a. (1) If CONTRACTOR the Prime Contractor claims compensation for a change in the work Work that is not deemed by DCAMM the Awarding Authority to be a change or to warrant additional compensation as claimed by CONTRACTORthe Prime Contractor, CONTRACTOR the Prime Contractor shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer Awarding Authority a written statement of the nature of such work or claim. CONTRACTOR The Prime Contractor shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if though similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. (2) On or before the second business working day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR the Prime Contractor shall file to the extent possible with the Resident Engineer Engineer, the Designer, and DCAMMthe Awarding Authority, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR The Prime Contractor shall use the DCAMM Awarding Authority's Daily Time and Materials Report form found in APPENDIX A: REFERENCE DOCUMENTS DCAMM Form 13 to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expendedused. If CONTRACTOR the Contractor shall fail to make such statements to the extent possiblestatements, then CONTRACTOR the Contractor shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR agrees to perform all Change Order work as directed by DCAMM CUSTOMER in accordance with the terms of this Contract. If DCAMM CUSTOMER determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s CUSTOMER's aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b: a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM CUSTOMER to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution42 hereof. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMMCUSTOMER, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM Daily Time and Materials Report found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request DCAMMCUSTOMER’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possible, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution42 hereof.

Work Performed Under Protest. CONTRACTOR XXXXXXXXXX agrees to perform all Change Order work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b:b. Any disputed order, decision, or action by DCAMM or its authorized representative shall be fully performed or complied with pending resolution of the dispute. a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer DCAMM a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM “Daily Time and Materials Report Report” found in APPENDIX ASchedule A-5: REFERENCE DOCUMENTS Instructions/Model Forms to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possiblestatements, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR The Contractor agrees to perform all Change Order work Work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM Awarding Authority, and if the Project Manager determines that certain work Work that CONTRACTOR the Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the ServicesWork, CONTRACTOR the Contractor shall perform said work and CONTRACTOR Work. The Contractor shall be deemed to have concurred with DCAMM’s the Project Manager's determination as aforesaid determination unless CONTRACTOR performs such work the Contractor shall perform Work under protest in compliance with the following sub-paragraphs a (1) and b(2) below: a. (1) If CONTRACTOR the Contractor claims compensation for a change in the work Work that is not deemed by DCAMM the Project Manager to be a change or to warrant additional compensation as claimed by CONTRACTORthe Contractor, CONTRACTOR the Contractor shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Designer, Resident Engineer and the Awarding Authority a written statement of the nature of such work or claim. CONTRACTOR The Contractor shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if though similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. (2) On or before the second business working day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustainedand daily thereafter, CONTRACTOR the Contractor shall file to the extent possible with the Resident Engineer Engineer, the Designer, and DCAMMthe Awarding Authority, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR The Contractor shall use the DCAMM Daily Time and Materials Report found in APPENDIX A: REFERENCE DOCUMENTS DCAMM Form 13 to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expendedused. If CONTRACTOR the Contractor shall fail to make such statements to the extent possible, then CONTRACTOR the Contractor shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.

Work Performed Under Protest. CONTRACTOR agrees to perform all Change Order work as directed by DCAMM CUSTOMER in accordance with the terms of this Contract. If DCAMM CUSTOMER determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s CUSTOMER's aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b: a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM CUSTOMER to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution43 hereof. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMMCUSTOMER, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM Daily Time and Materials Report found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request DCAMMCUSTOMER’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possible, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution43.

Work Performed Under Protest. CONTRACTOR XXXXXXXXXX agrees to perform all Change Order work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and bb. Any disputed order, decision, or action by DCAMM or its authorized representative shall be fully performed or complied with pending resolution of the dispute: a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer DCAMM a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution. b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM Daily Time and Materials Report found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request DCAMM’s written acknowledgement that such time and materials were expendedused. If CONTRACTOR shall fail to make such statements to the extent possiblestatements, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 52: Dispute Resolution.