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ARTICLE 15 CLAIMS AND DISPUTES
<br />$ 15.l CLA|MS
<br />$ 15.1.1 DEFINTTTON
<br />A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
<br />relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in
<br />question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
<br />substantiate Claims shall rest with the party making the Claim.
<br />$ 15.1.2 NOTTCE OF CLAIMS
<br />Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial
<br />Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.
<br />Claims by either party must be initiated within 2l days after occurrence of the event giving rise to such Claim or
<br />within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
<br />$ 1s.l,3CoNTTNUTNG CONTRACT PERFoRMANCE
<br />Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
<br />14, the Contractor shall proceed ditigently with performance of the Contract and the Owner shall continue to make
<br />payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
<br />Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
<br />s 15.1.4 CLATMS FoR ADDITIONAL COST
<br />If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
<br />be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
<br />endangering life or property arising under Section I 0.4.
<br />s 15.,l.5 CLATMS FOR ADDITIONAL TIME
<br />$ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided
<br />herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
<br />progress of the Work. In the case of a continuing delay, only one Claim is necessary'
<br />$ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
<br />documented by data substantiating that weather conditions were abnormal for the period of time, could not have
<br />been reasonably anticipated and had an adverse effect on the scheduled construction.
<br />s 15.1.6CLA|MS FoR CONSEQUENTIAL DAMAGES
<br />The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
<br />this Contract. This mutual waiver includes
<br />.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
<br />business and reputation, and for loss of management or employee productivity or of the services of
<br />such persons; and
<br />.2 damages incurred by the Conhactor for principal office expenses including the compensation of
<br />personnel stationed there, for losses of financing, business and reputation, and for loss of profit
<br />except anticipated profit arising directly from the Work.
<br />This mutual waiver is applicable, without limitation, to all consequential damages due to either parfy's termination
<br />in accordance with Article 14. Nothing contained in this Section 15. I .6 shall be deemed to preclude an award of
<br />liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />s 15,2 tNtilAL DECISION
<br />$ l5,2.lClaims,excludingthosearisingunderSectionsl0.3, lO.4,ll.3.g,andll.3.10,shallbereferredtotheInitial
<br />Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise
<br />indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
<br />required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30
<br />days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
<br />rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide
<br />disputes between the Contractor and persons or entities other than the Owner.
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