Subcontractors’ claims Clause Samples

Subcontractors’ claims. Contractor shall not be liable for any claim made by Subcontractor for any loss of efficiency, loss of productivity, delay, disruption or the like allegedly caused by Contractor unless Subcontractor has given written notice to Contractor of the existence of such claim or potential claim immediately upon the happening of any event giving rise to such claim or potential claim but in no case more than ten (10) calendar days after the first day on which said event occurred and every thirty (30) days until the issue is resolved. The notice shall contain all back up needed by Contractor to determine the merit of the claim. Subcontractor agrees that failure to supply the required notice and the back up required by this section will deprive Contractor of the ability to mitigate its damages. If Subcontractor claims that he is entitled to any additional payment or compensation arising out of any act or omission on the part of the Owner or the Owner’s representative, or in the event that Subcontractor disputes any determination made by Owner or Owner’s representative, Subcontractor shall, within the time allowed by the Prime Contract, at its sole costs and expense, prepare and Prosecute a claim on Contractor’s behalf, naming Contractor as the Claimant, in such written form and in accordance with the provisions of the Prime Contract, applicable Government Codes and applicable Public Contracts Codes. Subcontractor at its sole cost and expense shall retain a claims consultant, attorney or other qualified person who shall be charged with preparing the claim on behalf of Contractor and presenting the claim to the Owner and such person shall together with a representative of Contractor act jointly as Contractor’s representative in all dealings with the Owner relative to such claim. Subcontractor shall be bound by the ruling or decision of the Owner or Owner’s representative upon all such matters to the same extent that Contractor is bound, and Subcontractor shall have no right to receive payment from Contractor upon any such claim or contention in any sum greater than that allowed and paid to Contractor by Owner. In the event Subcontractor is not satisfied with the disposition made of his claim by Owner, and Subcontractor wishes to pursue his claim either by arbitration or by the filing of an action, Subcontractor shall retain a qualified attorney to prepare a request for arbitration on behalf of Contractor in accordance with the provisions of the Prime Contract if permiss...

Subcontractors’ claims. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the District because privity of contract does not exist, the Contractor may present to the District a Claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the District shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the Claim to the District and, if the original Contractor did not present the Claim, provide the subcontractor with a statement of the reasons for not having done so.