Reso 2010-1605 - Laserfiche WebLink

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4.3 Claims 4.3.1 A Claim is a demand or assertion by Contractor seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or any other relief with respect to the terms of the Contract. The term "Claim(s)" also includes demands and assertions of Contractor arising out of or relating to the Contract Documents, including Claims based upon breach of contract, mistake, misrepresentation, or other cause for Contract Modification. Claims must be made by written notice. Contractor shall have the responsibility to substantiate Claims. 4.3.2 Claims by Contractor must be made promptly, and no later than within fourteen (14) days after occurrence of the event giving rise to such Claim. Claims must be made by written notice. Such notice shall include a detailed statement setting forth all reasons for the Claim and the amount of additional money and additional time claimed by Contractor. The notice of Claims shall also strictly comply with all other provisions of the Contract Documents. Contractor shaH not be entitled to rely upon any grounds or basis for additional money on additional time not specifically set forth in the notice of Claim. All Claims not made in the manner provided herein shall be deemed waived and of no effect. Contractor shall furnish the City and NE such timely written notice of any Claim provided for herein, including, without limitation, those in connection with alleged concealed or unknown conditions, and shall cooperate with the City and NE in any effort to mitigate the aHeged or potential damages, delay or other adverse consequences arising out of the condition which is the cause of such a Claim. 4.3.3 Pending final resolution of a Claim, the Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments that are not in dispute in accordance with the Contract Documents. 4.4 Claims for Concealed or Unknown Conditions 4.4.1 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 Contractor shall be given to the City's Representative promptly before conditions are disturbed, and in no event later than three (3) days after first observance of the conditions. The City's Representative will promptly investigate such conditions. If such conditions differ materially, as provided for above and cause an increase or decrease in the Contractor's cost, or time, required for performance of the Work, an equitable adjustment in the Contract Amount or Contract Time, or both, shall be made, subject to the provisions and restrictions set for herein. If the City's Representative 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 City's Representative will so notify the Contractor in writing. If the Contractor disputes the finding of the City's Representative that no change in the terms of the Contract terms is justified, Contractor shall proceed with the Work, taking whatever steps are necessary to overcome or correct such conditions so that Contractor can proceed in a timely manner. The Contractor may have the right to file a Claim in accordance with the Contract Documents. '"' ') 21