Laserfiche WebLink
1 <br /> 6. All claims, as provided by law, filed against the retainage have been resolved. In the event <br /> claims are filed and provided the conditions one through five are met,the Contractor will be <br /> paid the retained percentage less an amount sufficient to pay any such claims together with a <br /> sum determined by the Owner sufficient to pay the cost of claims and attorney's fees. <br /> ARTICLE 10 NOTICE TO OWNER <br /> 10.1 When Notice Must Be Given , <br /> A. The Contractor shall immediately give Notice to the Owner or Owner's Representative as <br /> provided in this section and elsewhere in the General Conditions and Specifications whenever: <br /> 1. The Contractor disagrees with any requirement, direction, interpretation or determination by <br /> the 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 ARTICLE 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 <br /> impact cannot yet be determined; <br /> 5. The Contractor believes it is required or directed to perform work that is outside the scope of <br /> the Contract Documents; or <br /> 6. An event occurs, or fails to occur,that the Contractor believes, or should reasonably foresee, <br /> may result in a Contract Claim; <br /> B. Timely and adequate Notice is a condition precedent to a Contract Claim. ' <br /> C. Requests for extensions of Contract Time must be made and will be evaluated in accordance with <br /> 5.2.C. Extensions of Contract Time. <br /> D. Irrespective of any request for additional compensation or Contract Time or any Contract Claim <br /> that work is extra and not part of the original scope of Work, the Contractor shall proceed <br /> expeditiously and promptly with the work as the Owner orders. <br /> E. Failing to follow procedures. <br /> 1. If the Contractor fails to follow the procedures of this Contract, including failing to give <br /> 1 <br /> Notice,the Contractor completely waives such Contract Claim. <br /> 2. In its sole discretion, the Owner may waive strict compliance with procedures, but any such <br /> waiver of one or more items or elements does not waive the necessity for Contractor's strict <br /> compliance with any other item or element, nor shall such waiver be admissible in any legal <br /> proceeding for any reason. <br /> 10.2 Form of Notice <br /> A. 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, <br /> including dates, times, and locations; <br /> PROCESS WATER PUMP STATION 06/13/2017 1 <br /> WO-3647 00 72 13 - 50 <br /> 1 <br />