Common use of Work Performed Under Protest Clause in Contracts

Work Performed Under Protest. The Contractor agrees to perform all Work as directed by the Awarding Authority, and if the Awarding Authority determines that certain Work that the Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the Work, the Contractor shall perform said Work. The Contractor shall be deemed to have concurred with the Awarding Authority 's determination as aforesaid unless the Contractor shall perform Work under protest in compliance with the following sub- paragraphs (1) and (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. (1) If the Contractor claims compensation for a change in the Work that is not deemed by the Awarding Authority to be a change or to warrant additional compensation as claimed by the Contractor, the Contractor shall on or before the first working day following the commencement of any such Work or the sustaining of any such damage submit to the Awarding Authority a written statement of the nature of such Work or claim. 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 though similar in character to work or damage with respect to which notice is timely given. (2) On or before the second 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, the Contractor shall file to the extent possible with the Resident Engineer, the Designer, and the Awarding Authority, itemized statements of the details and costs of such Work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor shall use the Awarding Authority's “Daily Time and Materials Report” form found in Appendix C to these General Conditions to record all labor and material used. If the Contractor shall fail to make such statements, then the Contractor shall not be entitled to additional compensation for any such work or damages.

Work Performed Under Protest. The Prime Contractor agrees to perform all Work as directed by the Awarding AuthorityDCAMM, and if the Awarding Authority DCAMM determines that certain Work that the Prime Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the Work, the Prime Contractor shall perform said Work. The Prime Contractor shall be deemed to have concurred with the Awarding Authority DCAMM's determination as aforesaid unless the Prime Contractor shall perform Work under protest in compliance with the following sub- sub-paragraphs (1) and (2) below. Any disputed order, decision or action by the Awarding Authority DCAMM or its authorized representative shall be fully performed or complied with pending resolution of the dispute. (1) If the Prime Contractor claims compensation for a change in the Work that is not deemed by the Awarding Authority DCAMM to be a change or to warrant additional compensation as claimed by the Prime Contractor, the Prime Contractor shall on or before the first working day following the commencement of any such Work work or the sustaining of any such damage submit to the Awarding Authority DCAMM a written statement of the nature of such Work work or claim. The Prime 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 though similar in character to work or damage with respect to which notice is timely given. (2) On or before the second 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, the Prime Contractor shall file to the extent possible with the Resident Engineer, the Designer, and the Awarding AuthorityDCAMM, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the The Prime Contractor shall use the Awarding Authority's “DCAMM Daily Time and Materials Report” Report form found in Appendix C to these General Conditions DCAMM Form 13 to record all labor and material used. If the Contractor shall fail to make such statements, then the Contractor shall not be entitled to additional compensation for any such work or damages.

Work Performed Under Protest. The Contractor CONTRACTOR agrees to perform all Work Change Order work as directed by DCAMM in accordance with the Awarding Authority, and if the Awarding Authority terms of this Contract. If DCAMM determines that certain Work work that the Contractor CONTRACTOR believes to be or to warrant a Change Order under this Article does not represent a change in the WorkServices, the Contractor CONTRACTOR shall perform said Work. The Contractor work and CONTRACTOR shall be deemed to have concurred with the Awarding Authority 's DCAMM’s aforesaid determination as aforesaid unless the Contractor shall perform Work CONTRACTOR performs such work under protest in compliance with the following sub- sub-paragraphs (1) a and (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.b: (1) a. If the Contractor CONTRACTOR claims compensation for a change in the Work work that is not deemed by the Awarding Authority DCAMM to be a change or to warrant additional compensation as claimed by the ContractorCONTRACTOR, the Contractor 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 Awarding Authority Resident Engineer a written statement of the nature of such Work work or claim. The Contractor 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 though 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. (2) b. On or before the second working business 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, the Contractor CONTRACTOR shall file to the extent possible with the Resident Engineer, the Designer, Engineer and the Awarding AuthorityDCAMM, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor CONTRACTOR shall use the Awarding Authority's “DCAMM Daily Time and Materials Report” form Report found in Appendix C to these General Conditions APPENDIX A: REFERENCE DOCUMENTS to record all labor and material usedused and request DCAMM’s written acknowledgement that such time and materials were expended. If the Contractor CONTRACTOR shall fail to make such statementsstatements to the extent possible, then the Contractor 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. The Contractor CONTRACTOR agrees to perform all Work Change Order work as directed by DCAMM in accordance with the Awarding Authority, and if the Awarding Authority terms of this Contract. If DCAMM determines that certain Work work that the Contractor CONTRACTOR believes to be or to warrant a Change Order under this Article does not represent a change in the WorkServices, the Contractor CONTRACTOR shall perform said Work. The Contractor work and CONTRACTOR shall be deemed to have concurred with the Awarding Authority 's DCAMM’s aforesaid determination as aforesaid unless the Contractor shall perform Work CONTRACTOR performs such work under protest in compliance with the following sub- sub-paragraphs (1) a and (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.b: (1) a. If the Contractor CONTRACTOR claims compensation for a change in the Work work that is not deemed by the Awarding Authority DCAMM to be a change or to warrant additional compensation as claimed by the ContractorCONTRACTOR, the Contractor 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 Awarding Authority Resident Engineer a written statement of the nature of such Work work or claim. The Contractor 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 though 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 hereof. (2) b. On or before the second working business 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, the Contractor CONTRACTOR shall file to the extent possible with the Resident Engineer, the Designer, Engineer and the Awarding AuthorityDCAMM, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor CONTRACTOR shall use the Awarding Authority's DCAMM “Daily Time and Materials Report” form found in Appendix C to these General Conditions APPENDIX A: REFERENCE DOCUMENTS to record all labor and material usedused and request CUSTOMER’s written acknowledgement that such time and materials were expended. If the Contractor CONTRACTOR shall fail to make such statementsstatements to the extent possible, then the Contractor 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. The Prime Contractor agrees to perform all Work as directed by the Awarding Authority, and if the Awarding Authority determines that certain Work that the Prime Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the Work, the Prime Contractor shall perform said Work. The Prime Contractor shall be deemed to have concurred with the Awarding Authority 's determination as aforesaid unless the Prime Contractor shall perform Work under protest in compliance with the following sub- sub-paragraphs (1) and (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. (1) If the Prime Contractor claims compensation for a change in the Work that is not deemed by the Awarding Authority to be a change or to warrant additional compensation as claimed by the Prime Contractor, the Prime Contractor shall on or before the first working day following the commencement of any such Work work or the sustaining of any such damage submit to the Awarding Authority a written statement of the nature of such Work work or claim. The Prime 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 though similar in character to work or damage with respect to which notice is timely given. (2) On or before the second 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, the Prime Contractor shall file to the extent possible with the Resident Engineer, the Designer, and the Awarding Authority, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the The Prime Contractor shall use the Awarding Authority's “Daily Time and Materials Report” Report form found in Appendix C to these General Conditions DCAMM Form 13 to record all labor and material used. If the Contractor shall fail to make such statements, then the Contractor shall not be entitled to additional compensation for any such work or damages.

Work Performed Under Protest. The Contractor CONTRACTOR agrees to perform all Work Change Order work as directed by CUSTOMER in accordance with the Awarding Authority, and if the Awarding Authority terms of this Contract. If CUSTOMER determines that certain Work work that the Contractor CONTRACTOR believes to be or to warrant a Change Order under this Article does not represent a change in the WorkServices, the Contractor CONTRACTOR shall perform said Work. The Contractor work and CONTRACTOR shall be deemed to have concurred with the Awarding Authority CUSTOMER's aforesaid determination as aforesaid unless the Contractor shall perform Work CONTRACTOR performs such work under protest in compliance with the following sub- sub-paragraphs (1) a and (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.b: (1) a. If the Contractor CONTRACTOR claims compensation for a change in the Work work that is not deemed by the Awarding Authority CUSTOMER to be a change or to warrant additional compensation as claimed by the ContractorCONTRACTOR, the Contractor 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 Awarding Authority Resident Engineer a written statement of the nature of such Work work or claim. The Contractor 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 though if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 43 hereof. (2) b. On or before the second working business 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, the Contractor CONTRACTOR shall file to the extent possible with the Resident Engineer, the Designer, Engineer and the Awarding AuthorityCUSTOMER, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor CONTRACTOR shall use the Awarding Authority's “DCAMM Daily Time and Materials Report” form Report found in Appendix C to these General Conditions APPENDIX A: REFERENCE DOCUMENTS to record all labor and material usedused and request CUSTOMER’s written acknowledgement that such time and materials were expended. If the Contractor CONTRACTOR shall fail to make such statementsstatements to the extent possible, then the Contractor CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 43.

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

Work Performed Under Protest. The Contractor XXXXXXXXXX agrees to perform all Work Change Order work as directed by DCAMM in accordance with the Awarding Authority, and if the Awarding Authority terms of this Contract. If DCAMM determines that certain Work work that the Contractor CONTRACTOR believes to be or to warrant a Change Order under this Article does not represent a change in the WorkServices, the Contractor CONTRACTOR shall perform said Work. The Contractor work and CONTRACTOR shall be deemed to have concurred with the Awarding Authority 's DCAMM’s aforesaid determination as aforesaid unless the Contractor shall perform Work CONTRACTOR performs such work under protest in compliance with the following sub- sub-paragraphs (1) a and (2) below. b. Any disputed order, decision decision, or action by the Awarding Authority DCAMM or its authorized representative shall be fully performed or complied with pending resolution of the dispute. (1) a. If the Contractor CONTRACTOR claims compensation for a change in the Work work that is not deemed by the Awarding Authority DCAMM to be a change or to warrant additional compensation as claimed by the ContractorCONTRACTOR, the Contractor 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 Awarding Authority DCAMM a written statement of the nature of such Work work or claim. The Contractor 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 though if similar in character to work or damage with respect to which notice is timely given. (2) b. On or before the second working business 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, the Contractor CONTRACTOR shall file to the extent possible with the Resident Engineer, the Designer, Engineer and the Awarding AuthorityDCAMM, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor CONTRACTOR shall use the Awarding Authority's DCAMM “Daily Time and Materials Report” form found in Appendix C to these General Conditions Schedule A-5: Instructions/Model Forms to record all labor and material usedused . If the Contractor CONTRACTOR shall fail to make such statements, then the Contractor CONTRACTOR shall not be entitled to additional compensation for any such work or damages.

Work Performed Under Protest. The Contractor CONTRACTOR agrees to perform all Work Change Order work as directed by CUSTOMER in accordance with the Awarding Authority, and if the Awarding Authority terms of this Contract. If CUSTOMER determines that certain Work work that the Contractor CONTRACTOR believes to be or to warrant a Change Order under this Article does not represent a change in the WorkServices, the Contractor CONTRACTOR shall perform said Work. The Contractor work and CONTRACTOR shall be deemed to have concurred with the Awarding Authority CUSTOMER's aforesaid determination as aforesaid unless the Contractor shall perform Work CONTRACTOR performs such work under protest in compliance with the following sub- sub-paragraphs (1) a and (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.b: (1) a. If the Contractor CONTRACTOR claims compensation for a change in the Work work that is not deemed by the Awarding Authority CUSTOMER to be a change or to warrant additional compensation as claimed by the ContractorCONTRACTOR, the Contractor 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 Awarding Authority Resident Engineer a written statement of the nature of such Work work or claim. The Contractor 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 though if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 42 hereof. (2) b. On or before the second working business 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, the Contractor CONTRACTOR shall file to the extent possible with the Resident Engineer, the Designer, Engineer and the Awarding AuthorityCUSTOMER, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the Contractor CONTRACTOR shall use the Awarding Authority's “DCAMM Daily Time and Materials Report” form Report found in Appendix C to these General Conditions APPENDIX A: REFERENCE DOCUMENTS to record all labor and material usedused and request CUSTOMER’s written acknowledgement that such time and materials were expended. If the Contractor CONTRACTOR shall fail to make such statementsstatements to the extent possible, then the Contractor CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant Section 42 hereof.

Work Performed Under Protest. The Contractor agrees to perform all Work as directed by the Awarding Authority, and if the Awarding Authority Project Manager determines that certain Work that the Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the Work, the Contractor shall perform said Work. The Contractor shall be deemed to have concurred with the Awarding Authority Project Manager's determination as aforesaid unless the Contractor shall perform Work under protest in compliance with the following sub- sub-paragraphs (1) and (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.: (1) If the Contractor claims compensation for a change in the Work that is not deemed by the Awarding Authority Project Manager to be a change or to warrant additional compensation as claimed by the 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 damage submit to the Designer, Resident Engineer and the Awarding Authority a written statement of the nature of such Work work or claim. 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 though similar in character to work or damage with respect to which notice is timely given. (2) On or before the second 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 sustainedand daily thereafter, the Contractor shall file to the extent possible with the Resident Engineer, the Designer, and the Awarding Authority, itemized statements of the details and costs of such Work work performed or damage sustained. Unless otherwise indicated by the Awarding Authority in writing, the The Contractor shall use the Awarding Authority's “DCAMM Daily Time and Materials Report” form Report found in Appendix C to these General Conditions DCAMM Form 13 to record all labor and material used. If the Contractor shall fail to make such statementsstatements to the extent possible, then the Contractor shall not be entitled to additional compensation for any such work or damages.