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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> including, but not limited to, furnishing timely Notice of the event and its effect on <br /> Contract Time and Contract Sum as required herein. <br /> ARTICLE 12 CONTRACT CLAIMS <br /> 12.1 General <br /> A. If the Contractor requests or believes for any reason that additional compensation or an extension <br /> of Contract Time is due it, including, but not limited to, breach of contract or request for <br /> adjustment of Contract Sum or Contract Time, or if the Contractor has a Dispute with the Owner <br /> and wants the Owner to take some action, or refrain from taking action, the Contractor shall file a <br /> Contract Claim as provided in this section. A timely and complete Contract Claim is a condition <br /> precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract <br /> Time. No Contract Claim shall be allowed unless the Contractor has given Notice as required by <br /> this section. The Contractor waives any Contract Claim if: (a) Notice was not timely given; (b) <br /> the Owner's Representative is not afforded reasonable access by the Contractor to complete <br /> records, including, but not limited to, correspondence,job diaries, and actual cost and additional <br /> time incurred; (c) a Contract Claim is not timely filed as required by the General Conditions; or <br /> (d) adequate, accurate, contemporaneous and segregated supporting time and expense records are <br /> not kept and maintained. The fact that the Contractor provided proper and timely Notice, <br /> provided a properly filed Contract Claim, or provided the Owner's Representative access to <br /> 1 records of actual cost, shall not in any way be construed as proving or substantiating the validity <br /> of the Contract Claim. If the Owner determines the Contract Claim has merit in whole or in part, <br /> the Owner's Representative will make an adjustment of Contract Sum or Contract Time required <br /> for the work, or both. If the Owner's Representative finds the Contract Claim to be without <br /> merit,no adjustment will be made. <br /> B. 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 <br /> Owner's Representative to determine the facts or contentions involved in the Contract Claim. <br /> Owner is not obligated to respond to a Contract Claim unless the Contractor is in full'compliance <br /> with all the provisions of the General Conditions and the formal Contract Claim document has <br /> been submitted. <br /> C. Full compliance by the Contractor with the provisions of this section is a contractual condition <br /> precedent to the Contractor's right to sue or seek any recovery against the Owner in any legal <br /> proceeding. <br /> 12.2 Contents <br /> A. All Contract Claims filed by the Contractor shall be in writing, verified under penalty of perjury <br /> by an officer or principal of the Contractor, and in sufficient detail to enable the Owner's <br /> Representative to ascertain the basis and amount of the Contract Claim. All Contract Claims <br /> shall be submitted to the Owner's Representative. At a minimum, each Contract Claim must <br /> include: <br /> 1. A detailed factual statement of the Contract Claim for additional compensation and <br /> extension of Contract Time, if any, providing all necessary dates, locations, and items of <br /> work affected by the Contract Claim. <br /> 2. The dates of all facts related to the Contract Claim. <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 53 <br />