IMCO General Construction, Inc. 6/10/2024

the site differed materially from those indicated in this Contract, and that such materially -different conditions were not foreseeable at the time of its bid. 12. CONTRACT CLAIMS 12.1 GENERAL If the Contractor requests or believes for any reason that it is entitled to an adjustment of Contract Sum or Contract Time, or if the Contractor has a Dispute with the Owner and wants the Owner to take some action, or refrain from taking action, the Contractor shall file a Contract Claim as provided in this section. A timely and complete Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required by 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS and otherwise fully complies with the requirements of this section 12. CONTRACT CLAIMS. The Contractor waives any Contract Claim if: (a) Notice was not timely given in accordance with the requirements of 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS; (b) the Owner's Representative is not afforded reasonable access by the Contractor to complete records, including, but not limited to, correspondence, job diaries, and actual cost and additional time incurred; (c) a Contract Claim is not timely filed as required by the General Conditions; or (d) adequate, accurate, contemporaneous and segregated supporting time and expense records are not kept and maintained. The fact that the Contractor provided proper and timely Notice, provided a properly filed Contract Claim, or provided the Owner's Representative access to records of actual cost, shall not in any way be construed as proving or substantiating the validity of the Contract Claim. If the Owner determines the Contract Claim has merit in whole or in part, the Owner's Representative will make an adjustment of Contract Sum or Contract Time required for the work, or both. If the Owner's Representative finds the Contract Claim to be without merit, no adjustment will be made. The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and additional time incurred for any alleged Contract Claim. The Contractor shall permit the Owner's Representative to have access to those records and any other records as may be required by the Owner's Representative to determine the facts or contentions involved in the Contract Claim. Owner is not obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the provisions of the General Conditions and the formal Contract Claim document has been submitted. Full compliance by the Contractor with the provisions of this section 12 is a contractual condition precedent to the Contractor's right to sue or seek any recovery against the Owner in any legal proceeding. 12.2 CONTENTS All Contract Claims filed by the Contractor shall be in writing, verified under penalty of perjury by an officer or principal of the Contractor, and in sufficient detail to enable the Owner's Representative to ascertain the basis and amount of the Contract Claim. All Contract Claims shall be submitted to the Owner's Representative. At a minimum, each Contract Claim must include: 1. A detailed factual statement of the Contract Claim for an adjustment of the Contract Sum or Contract Time, if any, providing all necessary dates, locations, and items of work affected by the Contract Claim. 2. The dates of all facts related to the Contract Claim. 3. The name of each Owner's individual, official, or employee involved in or knowledgeable about the Contract Claim. 4. The specific provisions of the Contract that support the Contract Claim and a statement of the reasons why such provisions support the Contract Claim. 5. If the Contract Claim relates to a decision of the Owner's Representative that the Contract leaves to the Owner's Representative's discretion or as to which the Contract provides that the Owner Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 72 00 GENERAL CONDITIONS March 2024