A-1 Landscaping and Construction, Inc. 7/20/2016

1 1 when they arise. The parties intend that all Claims and Disputes be resolved quickly and 2 expeditiously and desire to avoid claims and Disputes that relate back to events or work 3 occurring months before. The parties desire to avoid litigation and the costs and 4 expense of Claims and Disputes at the end of the Project. 5 6 Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or 7 Contract Claim of any kind whatsoever, must be submitted, if at all, to the Owner or 8 Owner's Representative no later than thirty (30) days after Notice was first required to be 9 given by the Contractor as provided in section 1-04.5 Notice by the Contractor. Failure 10 to submit a Contract Claim within the thirty (30) days of the date Notice was required 11 pursuant to section 1-04.5 Notice by the Contractor constitutes a complete waiver of and 12 bar to the Contract Claim, and Contractor is estopped from later asserting a Contract 13 Claim or seeking any relief or remedy relating to the Dispute for which it failed to submit 14 a Claim. 15 16 Contractor may not sue, cross-claim, claim, or bring any action of any kind whatsoever 17 against the Owner on any Contract Claim or Dispute after the expiration of one hundred 18 eighty (180) days from Physical Completion. 19 20 1-09.11A Remedies 21 22 Section 1-09.11A is modified in full to read as follows: 23 24 1-09.11A(1) General 25 26 If a Contract Claim has merit in whole or in part, then Contractor's sole remedies shall be 27 those provided in this subsection. Contractor must timely and strictly comply with the 28 requirements of sectionl-04.5 Notice by the Contractor, section 1-09.11(2) Claims and 29 all other Contract Documents relating to the Contract Claim. Adjustments to Contract 30 Time shall be determined pursuant to section 1-08.3 Progress Schedule and 1-08.8 31 Extensions of Time. Failure to comply strictly and timely shall be deemed a waiver of 32 the Contract Claim. 33 34 1-09.11A(2) Extra Work 35 36 1-09.11A(2)(A) Adjustment of Contract Sum 37 If the Contractor is entitled to an adjustment of Contract Sum because of Extra Work, the 38 adjustment shall be calculated and paid as provided in section 1-09.4 Equitable 39 Adjustment. This amount includes jobsite and home office overheads for such work, 40 including any schedule delays relating to such work. Therefore, no compensation in 41 addition to that provided in section 1-09.6 Force Account shall be paid for such thing as 42 extended overhead or other costs or damages. 43 44 1-09.11A(2)(B) Extension of Contract Time 45 Extensions of Contract Time caused by Extra Work shall be determined as provided in 46 section 1-08.3 Progress Schedule and section 1-08.8 Extensions of Time 47 1-09.11A(3) Delays 48 49 1-09.11A(3)(A) Owner Caused Delay Unrelated to Extra Work 50 51 1-09.11A(3)(A)(1) Adjustment of Contract Sum 52 1 RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 86