Common use of Claims for Additional Compensation Clause in Contracts

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. CITYs In the event Design-Builder seeks to make a claim for an increase in its compensation, and/or an adjustment of the Guaranteed Maximum Price, Design-Builder shall comply with the requirements of Paragraph 14.1 and such claim shall be made by Design-Builder before proceeding to execute any additional or changed work. Failure to satisfy this condition shall constitute a waiver by Design-Builder of any claim for additional compensation. Any liability of the Owner or Design-Builder for claims or damages from or against one another shall be limited to CONTRACTOR actual and reasonable direct costs incurred by the claiming party, except for Owner’s damages resulting from Design-Builder’s delays in achieving Substantial Completion, which damages shall be liquidated as provided in Paragraph 4.3(e) herein. In the event that the Design-Builder is delayed such that it cannot perform the work of the Project called for under the Contract Documents as the result of any act or omission by the Owner or an Owner-authorized person acting on behalf of the Owner, Design-Builder shall be entitled to recover damages for extended general conditions. Other than as provided herein in this Paragraph, the Design-Builder will not be entitled to delay damages incurred as a result of delay, regardless of cause. Provided further that Design-Builder specifically acknowledges that the start of construction and the Commencement of Construction Phase Work may be delayed up to sixty (60) days from date of execution of the Guaranteed Maximum Price Amendment due to outstanding regulatory approvals and the issuance of permits. Design- Builder waives any claims for additional compensation with regard to this delay pending receipt of written authorization from Owner allowing Design-Builder to purchase materials and equipment as required to mitigate escalation costs. In no event shall Owner be liable to the Design-Builder for any Claims other than Claims for extension form of Contract Timespecial, as described aboveindirect or consequential damages of any kind, arising out however the same may be caused, including, without limitation, the fault, breach of contract, tort (including the concurrent or related to the subject matter sole and exclusive negligence), liability or otherwise of this ContractOwner or others. No change in Design-Builder's compensation, whether in Contract or Tort, including but not limited to, claims for payment by CITY nor adjustment of the costs, damages, or losses because of changed condition under which the Work is to be performed or for additional WorkGuaranteed Maximum Price, shall be governed made except by the following provisions: • All Claims must be submitted as a Request for Construction Change Order issued 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 accordance with the Project Engineer, shall deliver to the CONTRACTOR within thirty (30) days after receipt terms 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 compensationcontract.

Claims for Additional Compensation. CITYs In the event Design-Builder seeks to make a claim for an increase in its compensation, and/or an adjustment of the Guaranteed Maximum Price, Design-Builder shall comply with the requirements of Paragraph 14.1 and such claim shall be made by Design-Builder before proceeding to execute any additional or changed work. Failure to satisfy this condition shall constitute a waiver by Design-Builder of any claim for additional compensation. Any liability of the Owner or Design-Builder for claims or damages from or against one another shall be limited to CONTRACTOR actual and reasonable direct costs incurred by the claiming party, except for Owner’s damages resulting from Design-Builder’s delays in achieving Substantial Completion, which damages shall be liquidated as provided in Paragraph 4.3(e) herein. In the event that the Design-Builder is delayed such that it cannot perform the work of the Skate Park Project called for under the Contract Documents as the result of any act or omission by the Owner or an Owner-authorized person acting on behalf of the Owner, Design- Builder shall be entitled to recover damages for extended general conditions. Other than as provided herein in this Paragraph, the Design-Builder will not be entitled to delay damages incurred as a result of delay, regardless of cause. Provided further that Design-Builder specifically acknowledges that the start of construction and the Commencement of Construction Phase Work may be delayed up to sixty (60) days from date of execution of the Guaranteed Maximum Price Amendment due to outstanding regulatory approvals and the issuance of permits. Design-Builder waives any claims for additional compensation with regard to this delay pending receipt of written authorization from Owner allowing Design-Builder to purchase materials and equipment as required to mitigate escalation costs. In no event shall Owner be liable to the Design-Builder for any Claims other than Claims for extension form of Contract Timespecial, as described aboveindirect or consequential damages of any kind, arising out however the same may be caused, including, without limitation, the fault, breach of contract, tort (including the concurrent or related to the subject matter sole and exclusive negligence), liability or otherwise of this ContractOwner or others. No change in Design-Builder's compensation, whether in Contract or Tort, including but not limited to, claims for payment by CITY nor adjustment of the costs, damages, or losses because of changed condition under which the Work is to be performed or for additional WorkGuaranteed Maximum Price, shall be governed made except by the following provisions: • All Claims must be submitted as a Request for Construction Change Order issued 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 accordance with the Project Engineer, shall deliver to the CONTRACTOR within thirty (30) days after receipt terms 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 compensationcontract.

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 XXXXXXXXXX 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. CITYs Owner's liability to CONTRACTOR 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 ContractContract including, whether in Contract or Tort, including but not limited to, claims for payment by CITY 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 Contractor must submit a Notice of Claim to the CITY and to the Project Engineer Owner within fourteen days (14) of when the CONTRACTOR Contractor was, or should have been 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 Contractor shall submit to the Project Engineer and CITY 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 Contractor agrees that the CITY Owner shall not be liable for any Claim the CONTRACTOR 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, Owner shall deliver to the CONTRACTOR Contractor within thirty (30) days after receipt of request its written determination of the Claim. CONTRACTOR’s Contractor's exclusive remedy for delays in performance of construction caused by events beyond its control, including delays claimed to be caused by or attributable to the CITY or the Project Engineer Owner including claims based on breach of contract or negligence, shall be a Claim or a RFD form submitted in compliance with this Article. CONTRACTOR 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.