Common use of THE CMS Clause in Contracts

THE CMS. written notice of a Claim shall provide the following information to permit timely and appropriate evaluation of the Claim, determination of responsibility, and opportunity for mitigation: 8.1.3.1 nature and anticipated amount of the impact, including all costs for any interference, disruption, hindrance, or delay, which shall be calculated in accordance with Section 7.7 and be a fair and reasonably accurate assessment of the damages suffered or anticipated by the CM; 8.1.3.2 identification of the circumstances responsible for causing the impact, including, but not limited to, the date or anticipated date, of the commencement of any interference, disruption, hindrance, or delay; 8.1.3.3 identification of activities on the Construction Progress Schedule that will be affected by the impact or new activities that may be created and the relationship with existing activities; 8.1.3.4 anticipated impacts and anticipated duration of any interference, disruption, hindrance, delay, or impact, and any remobilization period; 8.1.3.5 the CM’s planned actions to mitigate damages by avoiding interference, disruption, hindrance, delay, or impact; and 8.1.3.6 recommended action to avoid or minimize any interference, disruption, hindrance, delay, or impact.

Appears in 2 contracts

Sources: Construction Manager at Risk Agreement, Professional Services

THE CMS. written notice of a Claim shall provide the following information to permit timely and appropriate evaluation of the Claim, determination of responsibility, and opportunity for mitigation: 8.1.3.1 nature and anticipated amount of the impact, including all costs for any interference, disruption, hindrance, or delay, which shall be calculated in accordance with Section 7.7 and be a fair and reasonably accurate assessment of the damages suffered or anticipated by the CM; 8.1.3.2 identification of the circumstances responsible for causing the impact, including, but not limited to, the date or anticipated date, of the commencement of any interference, disruption, hindrance, or delay; 8.1.3.3 identification of activities on the Construction Progress Schedule that whichthat will be affected by the impact or new activities that whichthat may be created and the relationship with existing activities; 8.1.3.4 anticipated impacts and anticipated duration of any interference, disruption, hindrance, delay, or impact, and any remobilization period; 8.1.3.5 the CM’s planned actions to mitigate damages by avoiding interference, disruption, hindrance, delay, or impact; and 8.1.3.6 8.1.3.5 recommended action to avoid or minimize any interference, disruption, hindrance, delay, or impact.

Appears in 1 contract

Sources: Cm at Risk Contract