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30 <br />Progressive Design Build General Conditions <br /> <br />9.4.1.7 The costs reimbursable to Design-Builder and Subcontractors of any tier may not <br />include consultant costs, attorneys’ fees, or Claim preparation expenses as such matters <br />are not recoverable from the Owner. <br />9.5 Emergencies. <br />9.5.1 In any emergency affecting the safety of persons and/or property, Design-Builder shall <br />act, at its discretion, to prevent threatened damage, injury, or loss. Any change in the GMP and/or <br />Contract Time(s) on account of emergency work shall be determined as provided in this Article 9. <br /> <br /> <br />Article 10 <br />Claims and Disputes <br />10.1 Condition Precedent to Filing a Claim. The following actions are a mandatory condition <br />precedent to filing a Claim: (a) a Request for Change Order is denied or deemed denied by <br />Owner or (b) a Unilateral Change Order is issued by Owner. <br />10.2 Claim Deadline. Unless otherwise agreed to in writing by Owner, a fully documented Claim shall <br />be received by Owner within thirty (30) days after the denial or deemed denial of a Request for <br />Change Order, or, in the case of a Unilateral Change Order, Design-Builder’s receipt of Owner’s <br />decision regarding Contract Time or GMP adjustments pursuant to the Unilateral Change Order. <br />Failure to comply with the time requirements set for filing a Claim shall constitute acceptance by <br />the Design-Builder, on behalf of itself and its Subcontractors and suppliers, of the Unilateral <br />Change Order or Owner’s denial or deemed denial of a Request for Change Order. Such <br />acceptance shall be considered complete, full, and final settlement of all costs, damages, and <br />Claims related to or arising from the Request for Change Order or Unilateral Change Order. <br />10.3 Design-Builder’s Obligation to Continue Work. Pending final decision of a Claim hereunder, <br />the Design-Builder shall proceed diligently with the performance of the Work, including that work <br />associated with the Claim, and maintain its progress with the Work. Failure to proceed as <br />required herein shall constitute grounds for termination for cause under Article 11. <br />10.4 Information Required in a Fully Documented Claim. Every Claim must be submitted by <br />Design-Builder, in writing and clearly designated by Design-Builder as a fully documented Claim. <br />At a minimum, a fully documented Claim must contain the following information: <br />10.4.1 A detailed factual statement of the Claim providing all necessary details, locations, and <br />items of Work affected; <br />10.4.2 The date on which facts arose that gave rise to the Claim; <br />10.4.3 The name of each person employed or associated with Design-Builder, Subcontractors, <br />suppliers, and/or Owner with knowledge about the event or condition which gave rise to the <br />Claim; <br />10.4.4 Copies of documents and a written description of the substance of any oral <br />communications that concern or relate to the Claim; <br />10.4.5 The specific provisions of the Contract Documents on which the Claim is based; <br />10.4.6 if an adjustment in the GMP is sought, the exact amount sought, calculated in <br />accordance with the Contract Document and accompanied by all records supporting the Claim;