Common use of Contractor's Claims Clause in Contracts

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause of these Conditions or otherwise in connection with the Contract the Contractor shall give notice to the Engineer, describing the event or circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this sub-clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us relevant to such event or circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's liability, the Engineer may, after receiving any notice under this sub-clause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract the Contractor shall give notice to the Engineer, describing the event or circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 21 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us relevant to such event or circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the EngineerContract Awarder, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer Contract Awarder shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Work Site or at another location acceptable to the EngineerContract Awarder. Without admitting the Employer's liability, the Engineer Contract Awarder may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping record­keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer Contract Awarder to inspect all these records, and shall (if instructed) submit copies to the EngineerContract Awarder. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the EngineerContract Awarder, the Contractor shall send to the Engineer Contract Awarder a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time Time/s for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the EngineerEmployer/s and the financial institution providing the funding for the Project/s, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 (Twenty eight) days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 (Twenty eight) days, the Time Time/s for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer Employer/s shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site Site/s or at another location acceptable to the Engineer. Employer/s. Without admitting the Employer's liability, the Engineer Employer/s may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer Employer/s and the financial institution providing the funding for the Project/s to inspect all these records, and shall (if instructed) submit copies to the Engineer. Employer/s and/or the financial institution providing the funding for the Project/s. Within 42 60 (Sixty) days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the EngineerEmployer/s in conjunction with the financial institution providing the funding for the Project/s, the Contractor shall send to the Engineer Employer/s and the financial institution providing the funding for the Project/s, a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time time for Completion and/or any additional payment, payment under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the Engineer, describing the event or circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, aware or should have become aware, of the event or circumstance. General Conditions 59 If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes Includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. 46.1 If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give submit a notice to the EngineerProject Manager, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the EngineerProject Manager. Without admitting the Employer's ’s liability, the Engineer Project Manager may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer Project Manager to inspect all these records, and shall (if instructed) submit copies to the EngineerProject Manager. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the EngineerProject Manager, the Contractor shall send to the Engineer Project Manager a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract the Contractor shall give notice to the Engineer, describing the event or circumstances giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us relevant to such event or circumstance at the same time as it notifies the Engineer of its claim. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the Engineer, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, practicable and not later than 28 days after the Contractor became aware, or should have become aware, aware of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's ’s liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days As soon as practicable after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:: this fully detailed claim shall be considered as interim; the Contractor shall send further interim claims at Monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and the Contractor shall send a final claim as soon as practicable after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period. Within the above defined period of 42 days, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract. Each Payment Certificate shall include such additional payment for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. If the Engineer does not respond within the timeframe defined in this Clause, either Party may consider that the claim is rejected by the Engineer and any of the Parties may refer it to the Management Committee under with Sub-Clause 20.2[Management Committee]. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the Engineer, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's ’s liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:

Contractor's Claims. If the Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any clause Clause of these Conditions or otherwise in connection with the Contract Contract, the Contractor shall give notice to the Engineer, describing the event or circumstances circumstance giving rise to the claim together with an explanation of the basis of its claim. The notice shall be given as soon as practicable, and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance. If the Contractor fails to give notice of a claim within such period of 28 days, the Time for Completion shall not be extended, the Contractor shall not be entitled to additional payment, and the Employer Procuring entity shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this subSub-clause Clause shall apply. The Contractor shall also submit any other notices which are required by the Contract, and supporting particulars for the claim, all us as relevant to such event or circumstance at the same time as it notifies the Engineer of its claimcircumstance. The Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Engineer. Without admitting the Employer's Procuring entity liability, the Engineer may, after receiving any notice under this subSub-clauseClause, monitor the record-keeping and/or instruct the Contractor to keep further contemporary records. The Contractor shall permit the Engineer to inspect all these records, and shall (if instructed) submit copies to the Engineer. Within 42 days after the Contractor became aware (or should have become aware) of the event or circumstance giving rise to the claim, or within such other period as may be proposed by the Contractor and approved by the Engineer, the Contractor shall send to the Engineer a fully detailed claim which includes full supporting particulars of the basis of the claim and of the extension of time and/or additional payment claimed. If the event or circumstance giving rise to the claim has a continuing effect:: this fully detailed claim shall be considered as interim; the Contractor shall send further interim claims at monthly intervals, giving the accumulated delay and/or amount claimed, and such further particulars as the Engineer may reasonably require; and the Contractor shall send a final claim within 28 days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Contractor and approved by the Engineer. Within 42 days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Engineer and approved by the Contractor, the Engineer shall respond with approval, or with disapproval and detailed comments. He may also request any necessary further particulars, but shall nevertheless give his response on the principles of the claim within the above defined time period. Within the above defined period of 42 days, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) the extension (if any) of the Time for Completion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) the additional payment (if any) to which the Contractor is entitled under the Contract. Each Payment Certificate shall include such additional payment for any claim as have been reasonably substantiated as due under the relevant provision of the Contract. Unless and until the particulars supplied are sufficient to substantiate the whole of the claim, the Contractor shall only be entitled to payment for such part of the claim as he has been able to substantiate. If the Engineer does not respond within the timeframe defined in this Clause, either Party may consider that the claim is rejected by the Engineer and any of the Parties may refer it to the Dispute Board in accordance with Sub-Clause 20.4 [Obtaining Dispute Board’s Decision]. The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent (if any) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.