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City of Everett 00 7200 - 50 <br />2026 WPCF Biosolids Removal & Disposal UT 3752-30 <br /> <br /> <br /> <br />00 7200 - 50 GENERAL CONDITIONS <br />12.4.4.2 Adjustment of Contract Time <br />To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired <br />productivity, then the time extension, if any, shall be determined as provided in 5.2.2.2 Extensions of <br />Contract Time. <br />13. DISPUTES <br />13.1 RESOLUTION <br />When a Dispute occurs during a Contract, the Contractor shall pursue resolution through the Owner's <br />Representative. The Contractor shall follow the procedure stated in 12. CONTRACT CLAIMS herein <br />and 5.2.2.2 Extensions of Contract Time for issues regarding the schedule and Contract Time. Timely <br />and adequate Notice is a condition precedent to a Contract Claim. Timely and complete submission of a <br />Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract <br />Sum or Contract Time. Unless waived by the Owner, mediation is a condition precedent to the filing of <br />any lawsuit, action or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. <br />13.2 CONTINUING THE WORK <br />Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with <br />Owner. No Work shall be delayed or postponed pending resolution of Disputes or disagreements, except <br />as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. <br />14. TIME LIMITATIONS AND JURISDICTION <br />The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when they arise. <br />The parties intend that all Claims and Disputes be resolved quickly and expeditiously and desire to avoid <br />claims and Disputes that relate back to events or Work occurring months before. The parties desire to <br />avoid litigation and the costs and expense of Claims and Disputes at the end of the Project. <br />Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or Contract Claim <br />of any kind whatsoever, must be submitted, if at all, to the Owner or Owner’s Representative no later than <br />thirty (30) days after Notice was first required to be given by the Contractor as provided in ARTICLE <br />10. NOTICE TO OWNER. Failure to submit a Contract Claim within the thirty (30) days of the date <br />Notice was required pursuant to ARTICLE 10. NOTICE TO OWNER constitutes a complete waiver of <br />and bar to the Contract Claim, and Contractor is estopped from later asserting a Contract Claim or seeking <br />any relief or remedy relating to the Dispute for which it failed to submit a Claim. <br />Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever against the Owner <br />on any Contract Claim or Dispute after the expiration of one hundred eighty (180) days from Physical <br />Completion. <br />Any alleged cause of action by Owner or Contractor as to any acts or failures to act occurring prior to <br />Substantial Completion shall be deemed to have accrued in any and all events not later than such date of <br />Substantial Completion. <br />15. LIABILITY AND INSURANCE <br />15.1 GENERAL <br />Contractor bears all risk of loss, casualty or damage to installed Work prior to Final Acceptance, <br />irrespective of whether the Owner has taken possession of the Project in whole or in part and <br />notwithstanding the existence or availability of insurance or the insurance coverages required by the <br />Contract Documents.