KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

5. The Contractor believes it is required or directed to perform work that is outside the 1 scope of the Contract Documents; or 6. An event occurs, or fails to occur,that the Contractor believes, or should reasonably foresee, may result in a Contract Claim; the Contractor shall immediately give Notice to the Owner or Owner's Representative as provided in this section and elsewhere in the General Conditions and Specifications. Timely and adequate Notice is a condition precedent to a Contract Claim. ' Requests for extensions of Contract Time must be made and will be evaluated in accordance with sections 5.2.2.2 Extensions of Contract Time. Irrespective of any request for additional compensation or Contract Time or any Contract Claim that work is extra and not part of the original scope of work, the Contractor shall proceed expeditiously and promptly with the work as the Owner orders. If the Contractor fails to follow the procedures of this Contract, including failing to give Notice, the Contractor completely waives any Contract Claims. In its sole discretion, the Owner may waive strict compliance with procedures, but any such waiver of one or more items or elements does not waive the necessity for Contractor's strict compliance with any other item or element, nor shall such waiver be admissible in any legal proceeding for any reason. 10.2 FORM OF NOTICE The Notice must include the following minimum information: 1. A complete and accurate description of the event(s)giving rise to the Notice, including dates, times, and locations; 2. A preliminary list of persons of involved in such event; 3. A statement whether the Contractor believes the event may result in a Contract Claim for additional Contract Time or adjustment of the Contract Sum; 4. A date by which Contractor shall begin providing Supplemental Information as provided in this section. 10.3 SUPPLEMENTAL INFORMATION Contractor shall supplement the written Notice as soon as possible with a written statement providing the following: 1. The date of the event, incident, direction, etc.; 2. The nature and circumstances giving rise to the Notice; 3. The Contract provisions relating to the event, incident, direction, etc.; 4. The estimated dollar cost, if any, of the Extra Work, delay, etc. and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption; Throughout any work related to a Notice, the Contractor shall keep complete and accurate records of costs, expenses, and time incurred for which Contractor will or may seek an adjustment. Contractor waives and is stopped from seeking an adjustment of Contract Sum or Contract Time where Contractor fails to keep and maintain cost, timekeeping, and scheduling records segregated and contemporaneously allocated to the subject work for which an adjustment is sought. For example, failure to keep contemporaneous labor and Equipment time records specifically and only allocated to each item of claimed Extra Work shall constitute a waiver of any Contract Claim for reimbursement or additional Contract Time for each such item of Extra Work. The Contractor shall permit the Owner access to these and any other records needed for evaluating requests for additional Contract Time or Contract Sum. EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-40