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Section 00700 - General conditions
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Section 00700 - General conditions
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<br />00700 - 28/38 <br /> <br />A. The Contract Time may only be changed by a Change Order. Any claim for an <br />extension of the Contract Time shall be based on written notice delivered by the <br />CONTRACTOR to the ENGINEER promptly (but in no event later than thirty (30) <br />days) after the occurrence of the event giving rise to the claim and stating the <br />general nature of the claim. Notice of the extent of the claim with supporting data <br />shall be delivered within sixty (60) days after such occurrence (unless the <br />ENGINEER allows an additional period of time to ascertain more accurate data in <br />support of the claim) and shall be accompanied by the CONTRACTOR'S written <br />statement that the adjustment claimed is the entire adjustment to which the <br />CONTRACTOR has reason to believe it is entitled as a result of the occurrence <br />of said event. All claims for adjustment in the Contract Time shall be determined <br />by the ENGINEER in accordance with Paragraph 9.8 if the OWNER and the <br />CONTRACTOR cannot otherwise agree. No claim for an adjustment in the <br />Contract Time will be valid if not submitted in accordance with the requirements <br />of this Paragraph 12.1A. <br /> <br />B. The Contract Time will be extended in an amount equal to time lost due to delays <br />beyond the control of the CONTRACTOR provided that such time lost affects the <br />critical path as shown on the CPM schedule if a claim is made therefor as <br />provided in Paragraph 12.1A. Such delays shall include: acts or neglect by the <br />OWNER or others performing additional Work as contemplated by Article 7, or by <br />acts of God or of the public enemy, fire, floods, epidemics, quarantine <br />restrictions, strikes, labor disputes, sabotage, or freight embargoes. <br /> <br />C. Force Majeure: The performance of this Agreement may be suspended and the <br />obligations of either party excused in the event of and during the period that such <br />performance is prevented or delayed by a Force Majeure occurrence. <br /> <br />D. All time limits stated in the Contract Documents are of the essence of the <br />Agreement. <br /> <br />12.2 EXTENSIONS OF TIME FOR DELAY DUE TO INCLEMENT WEATHER <br /> <br />A. Contract Times may be extended by the ENGINEER because of delays in the <br />completion of the Work due to unusually severe weather, provided that the <br />CONTRACTOR shall, within ten (10) days of the beginning of any such delay, <br />notify the ENGINEER in writing of the cause of delay and request an extension of <br />Contract Times. The ENGINEER will ascertain the facts and the extent of the <br />delay and extend the Contract times when, in its judgment, the findings of the <br />fact justify such an extension. <br /> <br />B. The CONTRACTOR shall base its construction schedule upon the inclusion of <br />the number of days of inclement weather specified in paragraph entitled <br />"Inclement weather delays" of the Supplementary General Conditions. No <br />extension of the Contract Time due to inclement weather will be considered until <br />after the said number of days of inclement weather has been reached. However, <br />no reduction in Contract Time will be made if said number of days of inclement <br />weather is not reached. <br /> <br />
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