9001 AIRPORT RD BLDG 1 2025-10-21

SNO-ISLE TECH 2O23 SMALL WORKS McGRANAHAN ARCHITECTS Section 00 70 00, Page 27 GENERAL CONDITIONS 4.3.5 Claims, including those alleging an error or omission by the Architect, shall be submitted to the Architect and the Owner. A decision by the Owner, shall be required as a condition precedent to litigation of a Claim between the Contractor and Owner as to` all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been completed. If the Owner fails to issue such a decision within thirty (30) days of Owner's receipt of a Claim, the,.Claim shall be deemed denied. 4.3.6 Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments that are not in dispute in accordance with the Contract Documents. 4.3.7 If conditions are encountered at the site which constitute subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, then Initial Notice by the Contractor shall be given to the Owner promptly before such conditions are disturbed and in no event later than three (3) days after first observance of such conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, to the Owner for consideration. If the Architect and Owner determine that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner shall so notify the Contractor in writing, stating the reasons. Protests in opposition to such determination must be set forth in writing within fourteen (14) days after the Owner has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, any claim by the Contractor arising there from shall be made in accordance with the dispute resolution procedure in Paragraph 4.4. 4.3.8 Claims for Additional Cost. All claims for additional cost must be made according to Paragraphs 4.3, 4.4 and 4.5 or they will be waived. If the Contractor claims that an additional cost is involved because of conflicts or omissions within a particular type of Contract Document (e.g., Drawings), the Contractor and Subcontractors will be deemed to have carefully reviewed all of the Contract Documents, including drawings, schedules, and specifications, and the most expensive work indicated on the particular type of Contract Document within which a conflict or omission is claimed shall be provided with no change in the Contract Sum or Time. In the event that work is shown on Drawings but not contained in Specifications, it will be assumed the work as shown shall be provided at no change in the Contract Sum or Time, according to specifications to be issued by the Architect. The Contractor shall not be entitled to an increase in the Contract Sum or Time arising out of an error or conflict where the Contractor failed adequately to review the Contract Documents and timely report the error or conflict to the Architect. 4.3.9 If the Contractor wishes to make a Claim for an increase in the Contract Sum, Initial Notice as provided herein timely filed as provided in this Article shall be given before proceeding to execute the related Work, and a timely Claim shall be submitted as provided in this Article. Prior Initial Notice is not required only for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. mcg-ARC 2120.000 February 28, 2023