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1 • <br /> 12.4.4 Inefficiencies <br /> 12.4.4.1 Adjustment of Contract Sum <br /> To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or impaired <br /> productivity,then compensation due, if any,shall be calculated as provided in 9.5.ADJUSTMENT OF <br /> CONTRACT SUM. <br /> 12.4.4.2 Adjustment of Contract Time <br /> To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired <br /> productivity,then the time extension, if any, shall be determined as provided in 5.2.2.2 Extensions of <br /> Contract Time. <br /> 1 13. DISPUTES <br /> 13.1 RESOLUTION <br /> When a Dispute occurs during a Contract,the Contractor shall pursue resolution through the Owner's <br /> Representative. The Contractor shall follow the procedure outlined General Condition 12. CONTRACT <br /> CLAIMS herein and 5.2.2.2 Extensions of Contract Time for issues regarding the schedule and <br /> Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. Timely and <br /> complete submission of a Contract Claim is a condition precedent to any entitlement by the Contractor to <br /> an adjustment of Contract Sum or Contract Time. Unless waived by the Owner,mediation is a condition <br /> ' precedent to the filing of any lawsuit,action or proceeding that seeks to recover on a Contract Claim, <br /> whether in whole or in part. <br /> 13.2 CONTINUING THE WORK <br /> Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with <br /> Owner.No Work shall be delayed or postponed pending resolution of Disputes or disagreements,except <br /> 1 as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. <br /> 14. TIME LIMITATIONS AND JURISDICTION <br /> The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when they arise. <br /> The parties intend that all Claims and Disputes be resolved quickly and expeditiously and desire to avoid <br /> claims and Disputes that relate back to events or Work occurring months before.The parties desire to <br /> avoid litigation and the costs and expense of Claims and Disputes at the end of the Project. <br /> Any Contract Claim for adjustment of Contract Sum or Contract Time,or any Dispute or Contract Claim <br /> of any kind whatsoever,must be submitted, if at all,to the Owner or Owner's Representative no later than <br /> ' thirty(30)days after Notice was first required to be given by the Contractor as provided in 10.NOTICE <br /> TO OWNER. Failure to submit a Contract Claim within the thirty(30)days of the date Notice was <br /> required pursuant to 10.NOTICE TO OWNER constitutes a complete waiver of and bar to the Contract <br /> ' Claim, and Contractor is estopped from later asserting a Contract Claim or seeking any relief or remedy <br /> relating to the Dispute for which it failed to submit a Claim. <br /> Contractor may not sue,cross-claim, claim, or bring any action of any kind whatsoever against the Owner <br /> on any Contract Claim or Dispute after the expiration of one hundred eighty(180)days from Physical <br /> Completion. <br /> 15. LIABILITY AND INSURANCE <br /> 1 15.1 GENERAL <br /> Contractor bears all risk of loss,casualty or damage to installed Work prior to Final Acceptance, <br /> 111 irrespective of whether the Owner has taken possession of the Project in whole or in part and <br /> General Conditions—007200-47 <br /> I <br />