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Construction Contract - LTCP WWTP Improvements Proj No. 121-071 – Bowen Engineering Corp.
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Construction Contract - LTCP WWTP Improvements Proj No. 121-071 – Bowen Engineering Corp.
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Board of Public Works
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Contracts
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12/12/2023
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shall be delivered to the Engineer and the other party to the Contract within 60 days after the start <br />of such event (unless Engineer allows additional time for claimant to submit additional or more <br />accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be <br />prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in <br />Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each <br />Claim shall be accompanied by claimant's written statement that the adjustment claimed is the <br />entire adjustment to which the claimant believes it is entitled as a result of said event. The <br />opposing party shall submit any response to Engineer and the claimant within 30 days after <br />receipt of the claimant's last submittal (unless Engineer allows additional time). <br />C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last <br />submittal of the claimant or the last submittal of the opposing party, if any, take one of the <br />following actions in writing: <br />1. deny the Claim in whole or in part; <br />2. approve the Claim; or <br />3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole <br />discretion, it would be inappropriate for the Engineer to do so. For purposes of further <br />resolution of the Claim, such notice shall be deemed a denial. <br />D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be <br />deemed denied. <br />E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or <br />10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor <br />invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or <br />denial. <br />F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in <br />accordance with this Paragraph 10.05. <br />ARTICLE I I — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK <br />11.01 Cost of the Work <br />A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in <br />Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the <br />Work. When the value of any Work covered by a Change Order or when a Claim for an <br />adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be <br />reimbursed to Contractor will be only those additional or incremental costs required because of <br />the change in the Work or because of the event giving rise to the Claim. Except as otherwise may <br />be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing <br />in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and <br />shall include only the following items: <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 42 of 62 <br />
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