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06-5326
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06-5326
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Last modified
3/6/2009 3:39:36 PM
Creation date
5/3/2007 4:01:39 PM
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Template:
Building Department
Building Department - Doc Type
Permit
Permit #
06-5326
Building Department - Name
CITY OF Z-HILLS
Address
8TH ST & 5TH AV
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<br />ARTICLE VII. ClAIMS AND DISPUTES <br /> <br />1. A claim is a demand or assertion by one of the parties seeking, as a <br />matter of right, adjustment or interpretation of the terms of the Contract Documents, <br />payment of money, extension of time or other relief with respect to the terms of the <br />Contract Documents. The term "claim" also includes all other disputes and matters in <br />question between any of the parties arising out of or relating to the Contract <br />Documents. Claims must be made by written notice. The responsibility to substantiate <br />a claim shall rest with the party making the claim. <br /> <br />2. The Contractor shall carry on the work and maintain the substantial <br />completion date during any dispute proceedings and the City shall continue to make <br />payments, excluding final payment, in accordance with the Contract Documents. <br /> <br />3. If the Contractor wishes to make a claim, he shall give the City written <br />notice thereof within seven (7) calendar days after the Contractor has knowledge of the <br />event giving rise to such claim. The Contractor understands and agrees that the failure <br />to present any claim arising under this Agreement within the time period specified <br />above shall constitute final waiver and abandonment of the Contractor's right to pursue <br />such claim by either legal or equitable proceedings. <br /> <br />4. All claims shall: (1) be set forth in a petition addressed to the Oty; (2) <br />shall include a concise statement of the ultimate facts, including a statement of all <br />disputed issues of material fact, upon which the claim is based; (3) shall include a <br />concise statement of the provisions of the Agreement, together with any federal, state <br />and local laws, ordinances or code requirements or customary practices and usages in <br />the trade or profession asserted to be applicable to the issues presented by the claim; <br />and (4) shall provide a specific demand for any relief to which the Contractor claims to <br />be entitled. <br /> <br />7 <br />
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