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will be adjusted to reflect the effect of any such change. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05 Claims 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor A. Engineer's Decision Required: All Claims, invoke the dispute resolution procedure set forth in except those waived pursuant to Paragraph 14.09, Article 16 within 30 days of such action or denial. shall be referred to the Engineer for decision. A decision by Engineer shall be required as a F. No Claim for an adjustment in Contract condition precedent to any exercise by Owner or Price or Contract Times will be valid if not submitted Contractor of any rights or remedies either may in accordance with this Paragraph 10.05. otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. ARTICLE 11 - COST OF THE WORK; B. Notice: Written notice stating the general ALLOWANCES; UNIT PRICE WORK nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 11.01 Cost of the Work days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest A. Costs Included: The term Cost of the with the party making the Claim. Notice of the Work means the sum of all costs, except those amount or extent of the Claim, with supporting data excluded in Paragraph 11.01.6, necessarily incurred shall be delivered to the Engineer and the other and paid by Contractor in the proper performance of party to the Contract within 60 days after the start of the Work. When the value of any Work covered by a such event (unless Engineer allows additional time Change Order or when a Claim for an adjustment in for claimant to submit additional or more accurate Contract Price is determined on the basis of Cost of data in support of such Claim). A Claim for an the Work, the costs to be reimbursed to Contractor adjustment in Contract Price shall be prepared in will be only those additional or incremental costs accordance with the provisions of Paragraph required because of the change in the Work or 12.01.B. A Claim for an adjustment in Contract Time because of the event giving rise to the Claim. Except shall be prepared in accordance with the provisions as otherwise may be agreed to in writing by Owner, of Paragraph 12.02.8. Each Claim shall be accom- such costs shall be in amounts no higher than those panied by claimant's written statement that the prevailing in the locality of the Project, shall include adjustment claimed is the entire adjustment to which only the following items, and shall not include any of the claimant believes it is entitled as a result of said the costs itemized in Paragraph 11.01.B. event. The opposing party shall submit any response to Engineer and the claimant within 30 1. Payroll costs for employees in the direct days after receipt of the claimant's last submittal employ of Contractor in the performance of the Work (unless Engineer allows additional time). under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall C. Engineer's Action: Engineer will review include, without limitation, superintendents, foremen, each Claim and, within 30 days after receipt of the and other personnel employed full time at the Site. last submittal of the claimant or the last submittal of Payroll costs for employees not employed full time the opposing party, if any, take one of the following on the Work shall be apportioned on the basis of actions in writing: their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages 1. deny the Claim in whole or in part, plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, 2. approve the Claim, or and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, 3. notify the parties that the Engineer is vacation and holiday pay applicable thereto. The unable to resolve the Claim if, in the Engineer's sole expenses of performing Work outside of regular discretion, it would be inappropriate for the Engineer working hours, on Saturday, Sunday, or legal to do so. For purposes of further resolution of the holidays, shall be included in the above to the extent Claim, such notice shall be deemed a denial. authorized by Owner. D. In the event that Engineer does not take 2. Cost of all materials and equipment fur- action on a Claim within said 30 days, the Claim nished and incorporated in the Work, including costs shall be deemed denied. of transportation and storage thereof, and Suppliers' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright r3 2002 National Society of Professional Engineers for EJCDC. MI rights resen'ed. 00700-3t 03/12 11-4179