Claims for Additional Compensation. Owner's liability to Contractor for any Claims other than Claims for extension of Contract Time, as described above, arising out of or related to the subject matter of this Contract including, but not limited to, claims for payment by Owner of the costs, damages, or losses because of changed condition under which the Work is to be performed or for additional Work, shall be governed by Article 12-4 and must be submitted in strict accordance with the following provisions: All Claims must be submitted as a Request for Construction Change Order in the manner provided herein; • Contractor must submit a Notice of Claim to the Owner and to the Architect within fourteen days (14) of when the Contractor was, or should have been, aware of the occurrence of the event giving rise to the Claim; and • Within fourteen days (14) of submitting its Notice of Claim, Contractor shall submit to the Architect and Owner its Request for Construction Change Order using AIA Form G701, which shall include a written statement of details of the Claim, including a description of the Work affected. Contractor agrees that the Owner shall not be liable for any Claim the Contractor fails to submit as a Request for Construction Change Order or as a timely presented RFD form as provided in this Agreement. After receipt of a Request for Construction Change Order, Owner, in consultation with the Architect, shall deliver to Contractor within thirty
Claims for Additional Compensation. In the event the Contractor wishes to make a claim for additional compensation under Subsections 103.04, 103.05, 103.06 or 107.07; he must make his claim in writing to the Engineer before he begins the Work on which he bases the claim or out of which the claim arises or, in the case of a delay or slowdown. Failure to give such notification shall constitute a waiver of the claim for such additional compensation. If the Contractor is directed to proceed, he shall afford the Engineer every facility for keeping records of the actual cost of the Work. The Contractor and Engineer shall compare records and bring them into agreement at the end of each day. Failure to afford the Engineer proper facilities for keeping strict account of actual cost shall constitute a waiver of the claim for additional compensation. The filing of such notice by the Contractor and the keeping of costs by the Engineer shall not in any way be construed to prove the validity of the claim. In any event, unless pursuant to this Subsection no additional compensation shall be paid to the Contractor.
Claims for Additional Compensation. CITYs liability to CONTRACTOR for any Claims other than Claims for extension of Contract Time, as described above, arising out of or related to the subject matter of this Contract, whether in Contract or Tort, including but not limited to, claims for payment by CITY of the costs, damages, or losses because of changed condition under which the Work is to be performed or for additional Work, shall be governed by the following provisions: • All Claims must be submitted as a Request for Construction Change Order in the manner provided herein; • CONTRACTOR must submit a Notice of Claim to the CITY and to the Project Engineer within fourteen days (14) of when the CONTRACTOR was, or should have been aware of the occurrence of the event giving rise to the Claim; and • Within fourteen days (14) of submitting its Notice of Claim, CONTRACTOR shall submit to the Project Engineer and CITY its Request for Construction Change Order using AIA Form G701, which shall include a written statement of details of the Claim, including a description of the Work affected. CONTRACTOR agrees that the CITY shall not be liable for any Claim the CONTRACTOR fails to submit as a Request for Construction Change Order or as a timely presented RFD form as provided in this Agreement. After receipt of a Request for Construction Change Order, CITY, in consultation with the Project Engineer, shall deliver to the CONTRACTOR within thirty (30) days after receipt of request its written determination of the Claim. CONTRACTOR’s exclusive remedy for delays in performance of construction caused by delays claimed to be caused by or attributable to the CITY or the Project Engineer including claims based on breach of contract or negligence, shall be a Claim or a RFD form submitted in compliance with this Article. CONTRACTOR expressly agrees that the conditions established by this Article constitutes its sole and exclusive remedies for delays and changes in such Work and eliminates any other remedies for Claim for increase in the Contract Amount, delays, changes in the Work, damages, losses, or additional compensation.
Claims for Additional Compensation. (a) Contractor shall not be entitled to the payment of any additional compensation for any action, or failure to act, by the SFMTA, including failure or refusal to issue a Contract Modification or for the happening of any event, thing, occurrence, or other cause, unless Contractor shall have given the Project Manager due written notice of potential claim.
Claims for Additional Compensation. For disputes involving a claim for additional compensation, parties involved shall attempt to resolve such disputes expediently and in good faith so as not to impact the performance or schedule of the work. Under no circumstances shall the Consultant or its Subconsultants stop work due to an unresolved dispute.
Claims for Additional Compensation. 4.17.A) No claims for additional compensation, time extension or for any other relief under the Agreement shall be recognized, processed, or treated in any manner unless the same is presented in accordance with this Article. Failure to present and process any claim in accordance with this Article shall be conclusively deemed a waiver, abandonment or relinquishment of any such claim, it being expressly understood and agreed that the timely presentation of claims, in sufficient detail to allow proper investigation and prompt resolution thereof, is essential to the administration of this Agreement.
Claims for Additional Compensation. Contractor shall notify Enterprise and Architect within two (2) days of any condition or event which Contractor believes warrants a claim for additional compensation. The claim shall be subject to consideration only if it is timely submitted and involves a condition or event beyond Contractor’s reasonable control and within Enterprise’s reasonable control. The notification shall describe in detail how the condition or event has adversely impacted Contractor’s performance of the Work, and shall include identification of the actual and probable net increase in labour, material and equipment costs resulting therefrom. Enterprise shall promptly review and make a determination of the claim. Enterprise has the right to defer the determination until all the costs resulting from the event or condition are known. Any claim that is not timely submitted by Contractor as required by this Article shall be deemed waived.
Claims for Additional Compensation. In the event Construction Manager seeks to make a claim for an increase in its compensation, or an adjustment to the GMP, or both, then as a condition precedent to any liability of Owner therefor, Construction Manager shall strictly comply with the requirements of paragraph 16.1 and such claim shall be made by Construction Manager before proceeding to execute any additional or changed work. Failure to satisfy this condition precedent shall constitute a waiver by Construction Manager of any claim for additional compensation. Any liability of Owner for additional costs to Construction Manager shall be strictly limited to actual and reasonable direct costs incurred by Construction Manager and shall in no event include indirect costs or consequential damages of Construction Manager or others. Such indirect costs or consequential damages, as referred to herein and elsewhere in this Agreement, that are not recoverable by the Construction Manager shall include loss of financing, loss or impairment of bonding, loss of business, loss of profit and overhead on Work not yet performed and loss of future or anticipated profits from other work. The Owner’s limitation of liability for such indirect or consequential damages shall not apply to the Owner’s liability to the Construction Manager, if any, for claims arising out of bodily injury to persons, death or damage to property caused by or resulting from the sole negligence of the Owner, or its officers, agents or employees. Absent a Change Order, Owner shall not be liable to Construction Manager for claims of third parties, including Subcontractors, unless and until liability of the Construction Manager has been established therefor in a court of competent jurisdiction. No change in Construction Manager’s compensation, nor adjustment of the GMP, shall be made except by Change Order issued in accordance with the terms of this Agreement.
Claims for Additional Compensation. 7.22.1.1 If the PDBT wishes to make a Claim for additional compensation, the PDBT shall submit a written claim to the Engineer within ten (10) working days of the start of the condition which caused the purported increase in Contract price. The Claim shall include all the information required by Section 7.21.1 In order to substantiate the Claim, the PDBT shall, at a minimum, submit daily reports in accordance with Section 7.21.5.
Claims for Additional Compensation. If ESP wishes to make a claim for an increase in the ECM Installation Payments pursuant to this Article 14, as a condition precedent to any liability of Owner therefor, ESP shall provide the notice required by Section 14.1 within the time set forth therein, but in any event, before proceeding to execute any additional or changed Work. The failure by ESP to timely give such notice shall constitute a waiver of any claim for additional compensation.
