IMCO General Construction, Inc. 8/28/2024

Section 00 72 00 GENERAL CONDITIONS City of Everett 00 72 00-44 June 2024 WFP Air Scour Blower Building Replacement Issued for Bid UP3813 6. All claims, as provided by law, filed against the retainage have been resolved. In the event claims are filed and provided the conditions one through five are met, the Contractor will be paid the retained percentage less an amount sufficient to pay any such claims together with a sum determined by the Owner sufficient to pay the cost of claims and attorney’s fees. 7. All other conditions required by law are satisfied. 10. NOTICE TO OWNER 10.1 WHEN NOTICE MUST BE GIVEN Whenever 1. The Contractor disagrees with any requirement, direction, interpretation or determination by the Owner or Owner’s Representative; 2. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a differing site condition as provided in 11. DIFFERING SITE CONDITIONS; 3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any Delay or an event that may cause a Delay; 4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact cannot yet be determined; 5. The Contractor believes it is required or directed to perform work that is outside the scope of the Contract Documents; or 6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may result in a Contract Claim; the Contractor shall immediately give Notice to the Owner or Owner’s Representative as provided in this section and elsewhere in the General Conditions and Specifications. Timely and adequate Notice is a condition precedent to a Contract Claim. Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.2.2 Extensions of Contract Time. Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work is extra and not part of the original scope of Work, the Contractor shall proceed expeditiously and promptly with the work as the Owner orders. If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the Contractor completely waives such Contract Claim. In its sole discretion, the Owner may waive strict compliance with procedures, but any such waiver of one or more items or elements does not waive the necessity for Contractor’s strict compliance with any other item or element, nor shall such waiver be admissible in any legal proceeding for any reason. 10.2 FORM OF NOTICE The Notice must include the following minimum information: 1. A complete and accurate description of the event or events giving rise to the Notice, including dates, times, and locations; 2. A preliminary list of persons of involved in such event; 3. A statement whether the Contractor believes the event may result in a Contract Claim for additional Contract Time or adjustment of the Contract Sum;