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B. Investigation of the Conditions <br /> 1. The Owner's Representative will promptly investigate the conditions. <br /> 2. If the Owner's Representative finds that conditions are materially different and cause a <br /> material increase or decrease in the Contractor's cost of performance of the Work, or extends <br /> the duration of the critical path of the schedule, the Owner's Representative will make an <br /> adjustment of Contract Sum or Contract Time. <br /> 3. Extensions of Contract Time will be evaluated in accordance with 5.2.C. Extensions of <br /> Contract Time. <br /> C. Inability to Agree on Adjustment of Contract Sum or Contract Time <br /> 1. If the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the <br /> Owner's Representative will determine the amount of the adjustment of Contract Sum or <br /> Contract Time. <br /> 2. If the Owner's Representative determines that differing Site conditions do not exist or that no <br /> adjustment in Contract Sum or Contract Time is warranted, such determination shall be final. <br /> 3. If there is a decrease in the costs or time required to perform the Work, failure of the , <br /> Contractor to notify the Owner's Representative of the differing Site condition shall not <br /> affect the Owner's right to make an adjustment in the Contract Sum or Contract Time. <br /> a. No Contract Claim or adjustment of Contract Sum or Contract Time shall be allowed <br /> unless the Contractor has followed the procedures provided for in this Contract, <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 /> 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 /> PROCESS WATER PUMP STATION 06/13/2017 <br /> WO-3647 00 72 13 - 52 <br />