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SNO-ISLE TECH 2O23 SMALL WORKS Section 00 70 00, Page 28 <br />McGRANAHAN ARCHITECTS GENERAL CONDITIONS <br />4.3.10 If the Contractor wishes to make Claim for an increase in the Contract Time, Initial notice as <br />provided herein timely filed as provided in this Article shall be given and a Claim timely submitted as <br />provided in this Article. In the case of a continuing delay, only one Initial Notice and one Claim are <br />necessary, provided, they state that the delay and the conditions causing such delay are continuing. <br />Subject to the provisions of Subparagraph 8.3.3 herein limiting the Contractor's right of recovery to time <br />extensions only for reasonable delays, the Contractor's daily cost of any change in Contract Time <br />associated with a delay for which the Contractor is entitled to damages or an adjustment in the Contract <br />Sum shall be limited for each day of such delay to the lesser of the Contractor's actual costs or five <br />percent (5%) of the Contract Sum divided by the number of calendar days in the Contract Time. <br />4.3.11 If adverse weather conditions are the basis for a Claim for additional time or cost, such Claim <br />shall be documented by data substantiating that weather conditions were abnormal for the period of time <br />and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the <br />critical path of the current submitted construction schedule. <br />Neither Contract Time nor the Contract Sum will be adjusted for normal inclement weather. The <br />Contractor shall be entitled to a change in the Contract Time only if the Contractor can substantiate to <br />the reasonable satisfaction of the Owner and Architect that there was materially greater than normal <br />inclement weather considering the full term of the Contract Time and using a ten-year average of <br />accumulated record mean values from climatological data compiled by the U.S. Department of <br />Commerce National Oceanic and Atmospheric Administration for the locale closest to the Project, and <br />that the alleged abnormal inclement weather actually extended the critical path of the Work. To preclude <br />the difficulties of actual measurement, the parties hereto agree that weather data at the site of the work <br />shall be expressly deemed to be the same as that measured at the Seattle -Tacoma International Airport <br />by the Environmental Data and Information Service of the National Oceanic and Atmospheric <br />Administration (NOAA) of the U.S. Department of Commerce. If the total net accumulated number of <br />calendar days lost due to inclement weather from commencement of the Work until Final Completion <br />exceeds the total net accumulated number to be expected for the same period from the aforesaid data, <br />and the Owner grants the Contractor a time extension, the Contract Time will be extended by the <br />corresponding number of calendar days indicated on the critical path of the Contractor's approved <br />Construction schedule. <br />For the purposes of this subparagraph, a "month" shall mean a calendar month and a "week" shall mean <br />a calendar week of Sunday through Saturday. <br />4.3.12 If either parry to the Contract suffers injury or damage to person or property because of an act or <br />omission of the other party, of any of the other party's employees or agents, or of others for whose acts <br />such party is legally liable, written notice of such injury or damage, whether or not insured, shall be <br />given to the other party within a reasonable time not exceeding fourteen (14) days after first observance. <br />The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim <br />for additional cost or time related to such events is to be asserted, it must comply with the provisions of <br />this Article. <br />mcg-ARC 2120.000 February 28, 2023 <br />