|
<br />..,
<br />
<br />.
<br />
<br />promptly proceed with the Work involved which will be
<br />performed under the applicable conditions of the Contract
<br />Documents (except as otherwise specifically provided).
<br />
<br />1'"1
<br />.
<br />
<br />B. If Owner and Contractor are unable to agree
<br />on entitlement to, or on the amount or extent, if any, of an
<br />adjustment in the Contract Price or Contract Times, or
<br />both, that should be allowed as a result of a Work Change
<br />Directive, a Claim may be made therefor as provided in
<br />Paragraph 10.05.
<br />
<br />I
<br />
<br />...,
<br />.
<br />
<br />10.02 Unauthorized Changes in the Work
<br />
<br />..,
<br />.
<br />
<br />A.Contractor shall not be entitled to an increase
<br />in the Contract Price or an extension of the Contract
<br />Times with respect to any work performed that is not
<br />required by the Contract Documents as amended,
<br />modified, or supplemented as provided in Paragraph 3.04,
<br />except in the case of an emergency as provided in
<br />Paragraph 6.16 or in the case of uncovering Work as
<br />provided in Paragraph 13.04.B.
<br />
<br />...,
<br />.
<br />
<br />.,
<br />.
<br />
<br />10.03 Execution of Change Orders
<br />
<br />..,
<br />.
<br />
<br />A. Owner and Contractor shall execute appropri-
<br />ate Change Orders recommended by Engineer covering:
<br />
<br />.,
<br />.
<br />
<br />1. changes in the Work which are: (i) ordered by
<br />Owner pursuant to Paragraph 10.0 I,A, (ii) required
<br />because of acceptance of defective Work under Paragraph
<br />13.08.A or Owner's correction of defective Work under
<br />Paragraph 13.09, or (iii) agreed to by the parties;
<br />
<br />..,
<br />.
<br />
<br />~
<br />
<br />2, changes in the Contract Price or Contract
<br />Times which are agreed to by the parties, including any
<br />undisputed sum or amount of time for Work actually
<br />performed in accordance with a Work Change Directive;
<br />and
<br />
<br />-
<br />
<br />,..,
<br />
<br />.
<br />
<br />3. changes in the Contract Price or Contract
<br />Times which embody the substance of any written
<br />decision rendered by Engineer pursuant to Paragraph
<br />10,05; provided that, in lieu of executing any such
<br />Change Order, an appeal may be taken from any such
<br />decision in accordance with the provisions of the Contract
<br />Documents and applicable Laws and Regulations, but
<br />during any such appeal, Contractor shall carry on the
<br />Work and adhere to the Progress Schedule as provided in
<br />Paragraph 6.18.A.
<br />
<br />,.,
<br />
<br />.
<br />
<br />.,
<br />.
<br />
<br />,..,
<br />.
<br />
<br />10.04 Notification to Surety
<br />
<br />..,
<br />
<br />.
<br />
<br />A. If notice of any change affecting the general
<br />scope of the Work or the provisions of the Contract
<br />Documents (including, but not limited to, Contract Price
<br />or Contract Times) is required by the provisions of any
<br />bond to be given to a surety, the giving of any such notice
<br />will be Contractor's responsibility. The amount of each
<br />applicable bond will be adjusted to reflect the effect of
<br />any such change.
<br />
<br />..,
<br />.
<br />
<br />..,
<br />
<br />-
<br />
<br />10.05 Claims
<br />
<br />A. Engineer's Decision Required: All Claims,
<br />except those waived pursuant to Paragraph 14.09, shall be
<br />referred to the Engineer for decision. A decision by
<br />Engineer shall be required as a condition precedent to any
<br />exercise by Owner or Contractor of any rights or remedies
<br />either may otherwise have under the Contract Documents
<br />or by Laws and Regulations in respect of such Claims.
<br />
<br />B. Notice: Written notice stating the general
<br />nature of each Claim, shall be delivered by the claimant to
<br />Engineer and the other party to the Contract promptly (but
<br />in no event later than 30 days) after the start of the event
<br />giving rise thereto. The responsibility to substantiate a
<br />Claim shall rest with the party making the Claim. Notice
<br />of the amount or extent of the Claim, with supporting data
<br />shall be delivered to the Engineer and the other party to
<br />the Contract within 60 days after the start of such event
<br />(unless Engineer allows additional time for claimant to
<br />submit additional or more accurate data in support of such
<br />Claim). A Claim for an adjustment in Contract Price shall
<br />be prepared in accordance with the provisions of
<br />Paragraph 12.01.B. A Claim for an adjustment in Contract
<br />Time shall be prepared in accordance with the provisions
<br />of Paragraph 12.02.B. Each Claim shall be accompanied
<br />by claimant's written statement that the adjustment
<br />claimed is the entire adjustment to which the claimant
<br />believes it is entitled as a result of said event. The
<br />opposing party shall submit any response to Engineer and
<br />the claimant within 30 days after receipt of the claimant's
<br />last submittal (unless Engineer allows additional time).
<br />
<br />C. Engineer's Action: Engineer will review each
<br />Claim and, within 30 days after receipt of the last
<br />submittal of the claimant or the last submittal of the
<br />opposing party, if any, take one of the following actions
<br />in writing:
<br />
<br />I. deny the Claim in whole or in part,
<br />
<br />2. approve the Claim, or
<br />
<br />3. notify the parties that the Engineer is unable to
<br />resolve the Claim if, in the Engineer's sole discretion, it
<br />would be inappropriate for the Engineer to do so. For
<br />purposes of further resolution of the Claim, such notice
<br />shall be deemed a denial.
<br />
<br />D. In the event that Engineer does not take action
<br />on a Claim within said 30 days, the Claim shall be
<br />deemed denied.
<br />
<br />E. Engineer's written action under Paragraph
<br />1O.05.C or denial pursuant to Paragraphs 10.05,C.3 or
<br />10.05.D will be final and binding upon Owner and
<br />Contractor, unless Owner or Contractor invoke the
<br />dispute resolution procedure set forth in Article 16 within
<br />30 days of such action or denial.
<br />
<br />-
<br />
<br />EJCDC C-700 Standard General Conditions of the Constrnction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 29
<br />
<br />...,
<br />
|