Reso 2002-433 - Laserfiche WebLink

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iateFpfetatian efCaRB"aet tel1llS, payment efmeney, extensian eftilfte ar ather felief-:l'ith resJleet ta the tefIHS efthe COfltfaet. 1fte.. term "Claim" alsa iRehules ether diSJIlltes ane RliHters iR E1l1estia8 Between tAe O...wer aREI CaRa:aetar arisisg allt af ar Felahftg te the CaRkilet. ClailRS RRist Be iRitiated BY 'mitteR Ratiee. The responsiBility te sY9stafltiate ClailRS shall rest with the paRr RJ&kiag the Claim. Time Limits 88 Claims. Claims BY either party RlIiSt Be iMiated "vithin 21 days after eee\U'feBee of the e':eBt gi-:iRg rise te SyeR Claim ar ';;idHB 21 days after the elaimaRt fifst reeagBlzeS the eeBElitieR gi'JiRg rise te tile Claim. wlUeRe'ler is later. Claims ImI5t Be iBitiateElBY 'JJI1Ue8 Retiee ta the Afehiteet ed the other party. CeRtiRuiRl CeRtraet Per(erm&Ree. PeRdiRg BRal reSelyueR ef a Claim exeept as atllefV:ise agFeed iR \'Jriting er as pr-e'lided iR SaBpafilgfllpR 9.7.1 aM ARiele 14, the C9Btraeter shall pFeseeEl diligemly ':Iith peAaI'RlBRGe eelbe C9Rkaet eEl the O'.wer shall eeminye ta make paymeRls iB aeeerElaRee with the CeRRet Deeumeats. 4.3.1 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after flIst observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, perfonnance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such detennination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.g Claims for Additional Cost. All claims for additional cost shall be made for by req.uest for a Chan~e Order pursuant to the Claim procedure set forth in this aireement. If the Contractor is delayed at anytime in the proiIess of the work by any act or neilect of the Owner or the Architect or of any employees of either or by any se.parate Project Director enwloyed by the Owner. the Contractor may file a claim for additional cost pursuant to the claim procedures set forth in this Aifeement.lf the CetHFaet9l' ':l'isRes ta make Claim fer aR iRefease ill the CeBlfaet SYIH, wrih:ea netiee as pfe...iEled Refein shall be gi-les befeFe pr.eeeeEling te exeeate the 'Werk. Priar setiee is net rellUireEl fer Claims felatiag te e emergeR"'Y eRtlaftgefiRg life ef prepeAy arisiRg YREler PafagfapR to.6. If the CORReter Believes adElitioRal east is Uv/al'/eEl fer FeaseRS iRelYEliBg But Bet limiteEl te (1) a \Vfittea iatefllfetaaeR frem the :\reRiteet, (2) as erder BY the Ovmer te step tlie WaFk '.vhefe tlte CeRlfaeter ',vas Bet at fatllt, (3) a VRtttes efder fer a Msar ",hange in tlte WeFk issued BY the Afehiteet, (1) failwe efpaymeRt BY the OVJRer, (5) teFmiRatieR efthe CeRlfaet BY die Owfter, (6) O'.wer's sYSpensies er (7) etlter reasenaele gt'aYREls, Claim shan Be BleEl is aeeaFElaRee widi this ParagRpR O. 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given to the Owner. The Contractor's Claim shall include an estimate of cost aM of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary Only delllYs. which are detennined to extend the critical path for the schedule for constructine prQject. will result in a time extension. . 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be docurnented by data substantiating that weather conditions were abnormal for the period of time. could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shan be given to the other party within a reasonable time not exceeding 21 days after e AlA DOCUMENT A20 I-GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION - 1997 EDITION. AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK. AVENUE N,W., WASHINGTON, D.C. 20006-5292. W ARNlNG: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission oCtile AlA and can be reproduced without violation until the date of expiration as noted below. User Document: weitz 20 I city of sunny.aia - 4/3/2002. AlA License Number 1000746. which expires on 8/312002. Electronic Fonnat A201-1997 ~J