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City of Everett 00 72 00 - 41 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br /> <br /> <br />00 72 00 - 41 GENERAL CONDITIONS <br />7. All other conditions required by law are satisfied. <br />For the purposes of retainage, the date of “completion of all work” is deemed to be the same date as the <br />date of Final Acceptance. <br />10. NOTICE TO OWNER <br />10.1 WHEN NOTICE MUST BE GIVEN <br />Whenever <br />1. The Contractor disagrees with any requirement, direction, interpretation or determination by the <br />Owner or Owner’s Representative; <br />2. The Contractor knows, or should with the reasonable exercise of ordinary care know, of a <br />differing site condition as provided in 11. DIFFERING SITE CONDITIONS; <br />3. The Contractor knows, or should with the reasonable exercise of ordinary care know, of any <br />Delay or an event that may cause a Delay; <br />4. The Contractor believes, or with the reasonable exercise of ordinary care should believe, it is <br />entitled to an adjustment of Contract Sum or Time, even if the total or exact amount or impact <br />cannot yet be determined; <br />5. The Contractor believes it is required or directed to perform work that is outside the scope of the <br />Contract Documents; or <br />6. An event occurs, or fails to occur, that the Contractor believes, or should reasonably foresee, may <br />result in a Contract Claim; <br />the Contractor shall immediately give Notice to the Owner or Owner’s Representative as provided in this <br />section and elsewhere in the General Conditions and Specifications. <br />Timely and adequate Notice is a condition precedent to a Contract Claim. <br />Requests for extensions of Contract Time must be made and will be evaluated in accordance with 5.2.2.2 <br />Extensions of Contract Time. <br />Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work <br />is extra and not part of the original scope of Work, the Contractor shall proceed expeditiously and <br />promptly with the work as the Owner orders. <br />If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the <br />Contractor completely waives such Contract Claim. In its sole discretion, the Owner may waive strict <br />compliance with procedures, but any such waiver of one or more items or elements does not waive the <br />necessity for Contractor’s strict compliance with any other item or element, nor shall such waiver be <br />admissible in any legal proceeding for any reason. <br />10.2 FORM OF NOTICE <br />The Notice must include the following minimum information: <br />1. A complete and accurate description of the event or events giving rise to the Notice, including <br />dates, times, and locations; <br />2. A preliminary list of persons of involved in such event; <br />3. A statement whether the Contractor believes the event may result in a Contract Claim for <br />additional Contract Time or adjustment of the Contract Sum; <br />4. A date by which Contractor shall begin providing Supplemental Information as provided in this <br />section.