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City of Everett 00 72 00 - 47 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 47 GENERAL CONDITIONS <br />12. CONTRACT CLAIMS <br />12.1 GENERAL <br />If the Contractor requests or believes for any reason that it is entitled to an adjustment of Contract Sum or <br />Contract Time, or if the Contractor has a Dispute with the Owner and wants the Owner to take some <br />action, or refrain from taking action, the Contractor shall file a Contract Claim as provided in this section. <br />A timely and complete Contract Claim is a condition precedent to any entitlement by the Contractor to an <br />adjustment of Contract Sum or Contract Time. No Contract Claim shall be allowed unless the Contractor <br />has given Notice as required by 10. NOTICE TO OWNER and/or 11. DIFFERING SITE <br />CONDITIONS and otherwise fully complies with the requirements of this section 12. CONTRACT <br />CLAIMS. The Contractor waives any Contract Claim if: (a) Notice was not timely given in accordance <br />with the requirements of 10. NOTICE TO OWNER and/or 11. DIFFERING SITE CONDITIONS; <br />(b) the Owner's Representative is not afforded reasonable access by the Contractor to complete records, <br />including, but not limited to, correspondence, job diaries, and actual cost and additional time incurred; (c) <br />a Contract Claim is not timely filed as required by the General Conditions; or (d) adequate, accurate, <br />contemporaneous and segregated supporting time and expense records are not kept and maintained. The <br />fact that the Contractor provided proper and timely Notice, provided a properly filed Contract Claim, or <br />provided the Owner’s Representative access to records of actual cost, shall not in any way be construed as <br />proving or substantiating the validity of the Contract Claim. If the Owner determines the Contract Claim <br />has merit in whole or in part, the Owner’s Representative will make an adjustment of Contract Sum or <br />Contract Time required for the work, or both. If the Owner’s Representative finds the Contract Claim to <br />be without merit, no adjustment will be made. <br />The Contractor shall keep full, complete, accurate and contemporaneous records of the costs and <br />additional time incurred for any alleged Contract Claim. The Contractor shall permit the Owner's <br />Representative to have access to those records and any other records as may be required by the Owner's <br />Representative to determine the facts or contentions involved in the Contract Claim. Owner is not <br />obligated to respond to a Contract Claim unless the Contractor is in full compliance with all the <br />provisions of the General Conditions and the formal Contract Claim document has been submitted. <br />Full compliance by the Contractor with the provisions of this section 12 is a contractual condition <br />precedent to the Contractor’s right to sue or seek any recovery against the Owner in any legal proceeding. <br />12.2 CONTENTS <br />All Contract Claims filed by the Contractor shall be in writing, verified under penalty of perjury by an <br />officer or principal of the Contractor, and in sufficient detail to enable the Owner’s Representative to <br />ascertain the basis and amount of the Contract Claim. All Contract Claims shall be submitted to the <br />Owner's Representative. At a minimum, each Contract Claim must include: <br />1. A detailed factual statement of the Contract Claim for an adjustment of the Contract Sum or <br />Contract Time, if any, providing all necessary dates, locations, and items of work affected by the <br />Contract Claim. <br />2. The dates of all facts related to the Contract Claim. <br />3. The name of each Owner’s individual, official, or employee involved in or knowledgeable about <br />the Contract Claim. <br />4. The specific provisions of the Contract that support the Contract Claim and a statement of the <br />reasons why such provisions support the Contract Claim. <br />5. If the Contract Claim relates to a decision of the Owner’s Representative that the Contract leaves <br />to the Owner’s Representative’s discretion or as to which the Contract provides that the Owner <br />Representative’s decision is final, the Contractor shall set out in detail all facts supporting its <br />position relating to the decision of the Owner’s Representative.