FORMAL PROTEST Clause Samples
FORMAL PROTEST. 5.3.1 If CONTRACTOR considers any WORK demanded of him to be outside the requirements of the CONTRACT, or if he considers any instruction, ruling, or decision of PM/CM OR ENGINEER to be unfair, he shall, within forty-eight (48) hours after any such demand is made, or instruction, ruling or decision is given, file a written protest stating clearly and in detail his objections and the reasons therefore. Except for such protests as are made of record in the manner and within the time above stated, CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra WORK, damages and extensions of time resulting from demands, instructions, rulings and decisions of PM/CM or ENGINEER. If the protest is against a demand, instruction, ruling or decision of ENGINEER, it shall be filed with PM/CM. If the protest is against a demand, instruction, ruling or decision of PM/CM, it shall be filed with the Town Clerk.
5.3.2 Upon receipt of a protest from CONTRACTOR of a decision of ENGINEER, PM/CM shall review the demands, instructions, rulings, or decisions objected to and shall promptly advise CONTRACTOR in writing of his final decision, which shall be binding. Upon receipt of a protest from CONTRACTOR of a decision of PM/CM, ▇▇▇▇▇▇▇’▇ REPRESENTATIVE shall review the demands, instructions, rulings, or decisions objected to and shall promptly advise CONTRACTOR in writing of his final decision, which shall be binding.
5.3.3 CONTRACTOR shall continue work on the Project during the review of the formal protest.
FORMAL PROTEST. Section A. If a grievance involves and affects more than five (5) employees or the Union itself, the grievance may be reduced to writing by the Union (or the employees or their designated representative in the event the Union has declined to proceed with the grievance) and must be served upon the Employer within twenty-one (21) days after the grievance occurred or twenty-one (21) days after the grievant, through the use of reasonable diligence should have known of the occurrence that gave rise to the grievance. The Employer shall, with ten (10) days, serve its answer upon the Union (or in the appropriate case, employee(s)) or their designee). If no settlement is reached, the grievance may be submitted to arbitration in accordance with Article XV.
FORMAL PROTEST. 5.3.1 If CONTRACTOR considers any WORK demanded of him to be outside the requirements of the CONTRACT, or if he considers any instruction, ruling, or decision of ENGINEER to be unfair, he shall, within forty-eight (48) hours after any such demand is made, or instruction, ruling or decision is given, file a written protest stating clearly and in detail his objections and the reasons therefore. Except for such protests as are made of record in the manner and within the time above stated, CONTRACTOR shall be deemed to have waived and does hereby waive all claims for extra WORK, damages and extensions of time resulting from demands, instructions, rulings and decisions of ENGINEER. If the protest is against a demand, instruction, ruling or decision of ENGINEER, it shall be filed with ▇▇▇▇▇▇▇’▇ REPRESENTATIVE.
5.3.2 Upon receipt of a protest from CONTRACTOR of a decision of ENGINEER, ▇▇▇▇▇▇▇’▇ REPRESENTATIVE shall review the demands, instructions, rulings, or decisions objected to and shall promptly advise CONTRACTOR in writing of his final decision, which shall be binding. Upon receipt of a protest from CONTRACTOR of a decision of ▇▇▇▇▇▇▇’▇ REPRESENTATIVE, the Town Manager shall review the demands, instructions, rulings, or decisions objected to and shall promptly advise CONTRACTOR in writing of his final decision, which shall be binding.
5.3.3 CONTRACTOR shall continue work on the Project during the review of the formal protest.