IMCO General Construction 12/13/2022

I City of Everett 00 72 00 - 52 Water Filter Plant Portal 4 Improvements WO# 3755 1 13. DISPUTES 13.1 RESOLUTION ' When a Dispute occurs during a Contract,the Contractor shall pursue resolution through the Owner's Representative. The Contractor shall follow the procedure stated in 12.CONTRACT CLAIMS herein and 5.2.2.2 Extensions of Contract Time for issues regarding 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. 13.2 CONTINUING THE WORK I 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. I 14. TIME LIMITATIONS AND JURISDICTION 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. 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 Owner's Representative no later than thirty(30)days after Notice was first required to be given by the Contractor as provided in ARTICLE 10.NOTICE TO OWNER. Failure to submit a Contract Claim within the thirty(30)days of the date Notice was required pursuant to ARTICLE 10.NOTICE TO OWNER constitutes a complete waiver of and bar to the Contract Claim,and Contractor is estopped from later asserting a Contract Claim or seeking any relief or remedy relating to the Dispute for which it failed to submit a Claim. Contractor may not sue,cross-claim,claim,or bring any action of any kind whatsoever against the Owner on any Contract Claim or Dispute after the expiration of one hundred eighty(180)days from Physical Completion. Any alleged cause of action by Owner or Contractor as to any acts or failures to act occurring prior to Substantial Completion shall be deemed to have accrued in any and all events not later than such date of111 Substantial Completion. 15. LIABILITY AND INSURANCE I 15.1 GENERAL Contractor bears all risk of loss,casualty or damage to installed Work prior to Final Acceptance, I irrespective of whether the Owner has taken possession of the Project in whole or in part and notwithstanding the existence or availability of insurance or the insurance coverages required by the Contract Documents. I I I 00 72 00 - 52 GENERAL CONDITIONS