CLAIMS RELATING TO OWNER. The Subcontractor agrees to initiate all claims for which the Owner is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and in sufficient time for the Contractor to initiate such claims against the Owner in accordance with the Subcontract Documents. At the Subcontractor's request and expense to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Contractor agrees to exhaust through Owner the remedies available under the Prime Contract, including suit for breach of contract against Owner. If Contractor has a claim or dispute, Contractor may proceed in accordance with the Section of this Master Agreement entitled “CHOICE OF LAW/VENUE”. Contractor agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of construction and the Contractor shall continue with Contractor’s Work as directed.
CLAIMS RELATING TO OWNER. If Subcontractor submits a claim to Contractor arising out of or relating to issues that Contractor, in its sole discretion, believes are caused by or are the contractual responsibility of Owner (“Owner-Related Claims”), then Contractor agrees to present such claim to Owner. Subcontractor recognizes and agrees that such Owner-Related Claims shall be submitted and resolved pursuant to the requirements of the contract between Contractor and Owner and that Subcontractor shall be bound to Contractor to the same extent that Contractor is bound to Owner for such Owner-Related Claims. Nothing herein shall require Contractor to submit or certify a claim of Subcontractor when Contractor cannot do so in good faith. Subcontractor agrees, at its sole expense, to furnish all documents, statements, witnesses and other information required by Contractor for investigating and presenting Subcontractor's claims and to pay or reimburse Contractor for all expenses and costs, including Contractor’s legal and expert fees, incurred in connection with presenting Subcontractor's claims. If Contractor’s claim submission to Owner involves more than one subcontractor, Subcontractor agrees that it shall contribute a fair and proportionate share of the expenses and costs, including Contractor’s legal fees, of advancing the claims. Contractor has final authority to settle all Owner-Related Claims and, notwithstanding any other provisions in this Subcontract Agreement or the Contract Documents to the contrary, Subcontractor agrees that its recovery for Owner-Related Claims shall be limited to the relief Contractor has recovered from Owner for Subcontractor’s claim, whether or not Subcontractor is a party to such proceedings involving such claims. Subcontractor agrees that it shall exhaust through Contractor the remedies available under Contractor’s contract with Owner for Owner-Related Claims, including the initiation of litigation or arbitration, as applicable, against Owner through Contractor.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims for which the Owner and/or another subcontractor is or may be liable in the manner and within the time limits provided in the Subcontract Documents for like claims by the Contractor upon the Owner and/or another subcontractor. The Subcontractor also agrees to make such claims in sufficient time for the Contractor to initiate such claims against the Owner and/or another subcontractor in accordance with the Subcontract Documents. At the Subcontrac- tor’s request and expense, to the extent agreed upon in writing, the Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcon- tractor in the manner provided in the Subcontract Documents for like claims by the Contractor upon the Owner.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims for which the Owner is or may be liable in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner. Written notice of such claims shall be given by the Subcontractor to the Contractor within one
CLAIMS RELATING TO OWNER. As a precondition to any action against Owner, Architect or Engineer agrees to exhaust through Owner the remedies available under the Contract Documents, including suit for breach of contract against Owner. Architect or Engineer agrees to furnish all documents, statements, witnesses and other information required by Owner for reconciliation of claim. No dispute shall interfere with the progress of the work and the Architect or Engineer shall continue with Architect or Engineer’s Work as directed.
CLAIMS RELATING TO OWNER. Agree to make all claims for which the Owner is or may be liable in the manner provided in the contract documents. Notice of such claims shall be given by the Material Supplier to the Contractor immediately upon the Material Supplier's first knowledge of the event, otherwise, such claims may be deemed invalid.
CLAIMS RELATING TO OWNER. If Subcontractor submits a claim arising out of or relating to problems caused by or which are the responsibility of the Owner and/or Architect/Engineer, Subcontractor expressly agrees to be bound to Contractor to the same extent that Contractor is bound to Owner by the terms of the Contract Documents and by any and all decisions or determinations made by a Court or by the party or board so authorized in the Contract Documents to decide disputes between Contractor and Owner, whether or not Subcontractor is a party to such proceedings, and shall be entitled only to its proportionate share of any actual recovery obtained by Contractor from Owner, less overhead and profit to Contractor and less Contractor's and legal and consultant fees in handling said matter. Contractor agrees to present to Owner, in Contractor's name, and, if necessary, to invoke the disputes provision of the Contract Documents, claims of Subcontractor for extras and equitable adjustments, timely submitted, whenever the Contract Documents permit Contractor to do so, and Contractor reasonably believes such claim is valid. Subcontractor agrees to furnish all documents, statements, witnesses and other information required by Contractor or Owner for investigating and presenting Subcontractor's claims. Contractor has final authority to settle all claims submitted to Owner. The Subcontractor shall post whatever security may be reasonably required by Contractor to cover Contractor's anticipated costs and expenses prior to and as a condition precedent to Contractor's proceeding on Subcontractor's behalf.
CLAIMS RELATING TO OWNER. Subcontractor agrees to make all claims for which Owner is or may be liable in the manner and within the time limits provided in the Contract Documents for like claims by CH2M HILL upon Owner and, in any event, in sufficient time for CH2M HILL to make such claims against Owner in accordance with the Contract Documents Such claims are subject to the requirements and limitations of Paragraph 11.9 of this Subcontract (“Paragraph 11.3 Claims”). If no time limit is provided elsewhere in the Contract Documents, Subcontractor shall notify CH2M HILL of its claim for adjustment within five (5) days.
CLAIMS RELATING TO OWNER. The Subcontractor agrees to make all claims against the Contractor for which the Owner is or may be liable, wholly or in part, in the same manner and within the time limits provided in the General Contract for like claims by the Contractor against the Owner and in sufficient time for the Contractor to make such claims against the Owner in accordance with the General Contract. The Contractor agrees to permit the Subcontractor to prosecute a claim in the name of the Contractor for the use and benefit of the Subcontractor in the manner provided in the General Contract for like claims by the Contractor against the Owner. Contractor shall, on behalf of Subcontractor, diligently prosecute any claims for additional time or money against the Owner. Contractor shall not settle or compromise any such claims without prior consent and authorization of the Subcontractor. The Subcontractor shall be afforded full opportunity to participate in the negotiations and resolution of any such claims, and Subcontractor shall bear all costs and expense, including attorney fees, associated with the prosecution of such claims. Contractor shall immediately pay to Subcontractor any amounts it actually receives from the Owner related to such claim, less deduction for any expenses or fees, including attorney fees and the value of any time incurred by Contractor, in the prosecution of such claims. Contractor’s liability to Subcontractor for any such claims shall be limited solely to the amounts which are received by Contractor from Owner upon such claims, less the deductions set forth above. Contractor’s receipt of payment from Owner shall be a condition precedent to Contractor’s obligations to Subcontractor on any such claims.
