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Claims by either party must be initiated within 21 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 />§ 15.1.3 CONTINUING 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 diligently 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 />§ 15.1.4 CLAIMS 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 10.4.
<br />§ 15.1.5 CLAIMS 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 />§ 15.1.6 CLAIMS 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 />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 />damages incurred by the Contractor 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 party's termination
<br />in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
<br />liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
<br />§ 15.2 INITIAL DECISION
<br />§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial
<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.
<br />§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
<br />more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
<br />data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
<br />or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
<br />lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the
<br />Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
<br />Claim.
<br />§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
<br />information from either party or from persons with special knowledge or expertise who may assist the Initial
<br />Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of
<br />such persons at the Owner's expense.
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