Claim Presentation Clause Samples
Claim Presentation. 38.6.1. Claim: A claim is a written demand by Designer/Builder (or by Designer/Builder on behalf of a Subcontractors) that the Designer/Builder must submit by registered mail or certified mail return receipt requested for:
38.6.1.1. An extension to the Contract Time, including relief from damages or penalties assessed by the District for delay;
38.6.1.2. Payment of money or damages arising from work done by, or on behalf of, the Designer/Builder pursuant to the Contract and payment that is not otherwise expressly provided for in the Contract Documents or the Designer/Builder is not otherwise entitled; or
38.6.1.3. Payment that is disputed by the District. (“Claim”)
Claim Presentation. Subcontractor agrees to make all claims for any additional compensation, damages and/or time extension for which the Owner is or may be liable in strict compliance with the Contract Documents including, without limitation, notice, documentation and methods/forums for dispute resolution required by the Contract Documents for like claims by Contractor to the Owner. Failure to comply with those claims presentation terms and conditions, including Subcontractor’s failure to provide such notice and documentation to Contractor no later than two
Claim Presentation. 25.3.1 If Developer intends to claim an increase in the Guaranteed Maximum Price or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within ten (10) days after Developer has notice of the event giving rise to the claim, give notice of the claim in writing and submit to the District a written statement of the damage sustained or time requested. On or before twenty (20) days after ▇▇▇▇▇▇▇▇▇’s written notice of claim, Developer shall file with the District an itemized statement of the details and amounts of its claim for any increase in the Guaranteed Maximum Price or Contract Time providing as much information as is reasonably available at that time. Developer must timely submit the Notice of Claim and the substantiating documentation for any claim. Otherwise, Developer shall have waived and relinquished its claim against the District and Developer's claims for compensation or an extension of time shall be forfeited and invalidated, and Developer shall not be entitled to consideration for payment or time on account of the instant matter.
25.3.2 The Notice of Claim shall identify:
25.3.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute;
25.3.2.2 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; and
25.3.2.3 The line-item costs for labor, material, and/or equipment, if applicable.
25.3.3 The Notice of Claim shall include the following certification by the Developer:
25.3.3.1 The undersigned Developer certifies under penalty of perjury that the attached claim is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which ▇▇▇▇▇▇▇▇▇ believes the District is liable; and that I am duly authorized to certify the claim on behalf of the Developer.
25.3.3.2 Furthermore, Developer understands that the value of the attached claim expressly includes any and all of the Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project. Any costs, expenses, damages, or time extensions not included are deemed waived.
25.3.3.3 If a claim or any portion thereof, remains unresolved upon satisfaction of all applicable Clai...
Claim Presentation. Claim: A claim is a written demand by Contractor (or by Contractor on behalf of a Subcontractor) that the Contractor must submit by registered mail or certified mail return receipt requested for: An extension to the Contract Time, including relief from damages or penalties assessed by the District for delay; Payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment that is not otherwise expressly provided for in the Contract Documents or the Contractor is not otherwise entitled; or Payment that is disputed by the District.
