Walsh Construction Company II LLC 6/7/2021

the schedule and Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. Timely and complete submission of a Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. Unless waived by the Owner, mediation is a condition precedent to the filing of any lawsuit, action or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. B. COVID-19 Contract Claims: Baseline COVID-19 Requirements : Contractor shall in no event be entitled to assert a Contract Claim for increase to the Contract Sum for any direct or indirect costs (including without limitation Delay, cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply with the Baseline COVID-19 Requirements or any COVID-19 Requirements applicable to the Work after Bid opening that are equal to or less stringent than the Baseline COVID-19 Requirements. The Contractor shall be entitled to an extension of Contract Time for Delays to the extent caused by Baseline COVID-19 Requirements. Extension of Contract Time shall be determined pursuant to 5.2.C. Extensions of Contract Time. This Contract Time extension is the Contractor's sole remedy if the Contract Time in the Contract Documents is insufficient to complete the Work because of Baseline COVID-19 Requirements. All other Contract Claims regarding COVID-19 are governed by 12.4.C.4 Third Party Caused Delays and Force Majeure. For example, Contract Claims governed by 12.4.C.4 include without limitation: 1. Contract Claims regarding COVID-19 Requirements applicable to the Work at any time after Bid opening that are more stringent than Baseline COVID-19 Requirements. 2. Contract Claims relating to unavailable or delayed labor, materials, equipment or subcontractors to the extent caused by COVID-19. 13.2 Continuing the Work A. Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of Disputes or disagreements, except as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. ARTICLE 14 TIME LIMITATIONS AND JURISDICTION 14.1 General A. The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when they arise. The parties intend that all Claims and Disputes be resolved quickly and expeditiously and desire to avoid claims and Disputes that relate back to events or Work occurring months before. The parties desire to avoid litigation and the costs and expense of Claims and Disputes at the end of the Project. B. Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or Contract Claim of any kind whatsoever, must be submitted, if at all, to the Owner or Replacement of Reservoir 2 General Conditions WO# UP3658 00 72 13 - 70