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• <br /> • <br /> 5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or <br /> anyone directly employed by any of them or for whose acts any of them <br /> may be liable, including but not limited to, the correction of defective work, <br /> disposal of materials or equipment wrongly supplied, and making good <br /> any damage to property. <br /> ARTICLE 12 -- CHANGE OF CONTRACT TIME <br /> 12.1 GENERAL <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 OF RECORD promptly (but in no event later <br /> than thirty (30) days) after the occurrence of the event giving rise to the claim and <br /> stating the general nature of the claim. Notice of the extent of the claim with <br /> supporting data shall be delivered within sixty (60) days after such occurrence <br /> (unless the ENGINEER OF RECORD allows an additional period of time to <br /> ascertain more accurate data in support of the claim) and shall be accompanied <br /> by the CONTRACTOR'S written statement that the adjustment claimed is the <br /> entire adjustment to which the CONTRACTOR has reason to believe it is entitled <br /> as a result of the occurrence of said event. All claims for adjustment in the <br /> Contract Time shall be determined by the ENGINEER OF RECORD in <br /> accordance with Paragraph 9.8 if the OWNER and the CONTRACTOR cannot <br /> otherwise agree. No claim for an adjustment in the Contract Time will be valid if <br /> not submitted in accordance with the requirements of this Paragraph 12.1A. <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 /> 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 /> D. All time limits stated in the Contract Documents are of the essence of the <br /> Agreement. <br /> 12.2 EXTENSIONS OF TIME FOR DELAY DUE TO INCLEMENT WEATHER <br /> A. Contract Times may be extended by the ENGINEER OF RECORD because of <br /> delays in the completion of the Work due to unusually severe weather, provided <br /> that the CONTRACTOR shall, within ten (10) days of the beginning of any such <br /> delay, notify the ENGINEER OF RECORD in writing of the cause of delay and <br /> request an extension of Contract Times. The ENGINEER OF RECORD will <br /> 00700-29/39 <br /> rt <br /> 1B <br />