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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-52 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />12.4.4 Inefficiencies <br />12.4.4.1 Adjustment of Contract Sum <br />To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or <br />impaired productivity, then compensation due, if any, shall be calculated as provided in 9.5. <br />ADJUSTMENT OF CONTRACT SUM. There is no entitlement to increase in Contract Sum for <br />inefficiencies related to a Third Party or to a Force Majeure Event. <br />12.4.4.2 Adjustment of Contract Time <br />To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or <br />impaired productivity, then the time extension, if any, shall be determined as provided in 5.2.2.2 <br />Extensions of Contract Time. <br />13. DISPUTES <br />13.1 RESOLUTION <br />When a Dispute occurs during a Contract, the Contractor shall pursue resolution through the <br />Owner's Representative. The Contractor shall follow the procedure stated in 12. CONTRACT <br />CLAIMS herein and 5.2.2.2 Extensions of Contract Time for issues regarding the schedule <br />and Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. <br />Timely and complete submission of a Contract Claim is a condition precedent to any entitlement <br />by the Contractor to an adjustment of Contract Sum or Contract Time. Unless waived by the <br />Owner, mediation is a condition precedent to the filing of any lawsuit, action or proceeding that <br />seeks to recover on a Contract Claim, whether in whole or in part. <br />13.2 CONTINUING THE WORK <br />Contractor shall carry on the Work and adhere to the schedule during all disputes or <br />disagreements with Owner. No Work shall be delayed or postponed pending resolution of <br />Disputes or disagreements, except as permitted by paragraph 15.04 or as Owner and <br />Contractor may otherwise agree in writing. <br />14. TIME LIMITATIONS AND JURISDICTION <br />The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when <br />they arise. The parties intend that all Claims and Disputes be resolved quickly and expeditiously <br />and desire to avoid claims and Disputes that relate back to events or Work occurring months <br />before. The parties desire to avoid litigation and the costs and expense of Claims and Disputes <br />at the end of the Project. <br />Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or <br />Contract Claim of any kind whatsoever, must be submitted, if at all, to the Owner or Owner’s <br />Representative no later than thirty (30) days after Notice was first required to be given by the <br />Contractor as provided in ARTICLE 10. NOTICE TO OWNER. Failure to submit a Contract <br />Claim within the thirty (30) days of the date Notice was required pursuant to ARTICLE 10. <br />NOTICE TO OWNER constitutes a complete waiver of and bar to the Contract Claim, and <br />Contractor is estopped from later asserting a Contract Claim or seeking any relief or remedy <br />relating to the Dispute for which it failed to submit a Claim. <br />Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever against <br />the Owner on any Contract Claim or Dispute after the expiration of one hundred eighty (180) <br />days from Physical Completion.