Work Performed Under Protest Sample Clauses
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Work Performed Under Protest. CONTRACTOR agrees to perform all Change Order work as directed by DCAMM in accordance with the terms of this Contract. If DCAMM determines that certain work that CONTRACTOR believes to warrant a Change Order does not represent a change in the Services, CONTRACTOR shall perform said work and CONTRACTOR shall be deemed to have concurred with DCAMM’s aforesaid determination unless CONTRACTOR performs such work under protest in compliance with the following sub-paragraphs a and b:
a. If CONTRACTOR claims compensation for a change in the work that is not deemed by DCAMM to be a change or to warrant additional compensation as claimed by CONTRACTOR, CONTRACTOR shall on or before the first working day following the commencement of any such work or the sustaining of any such alleged damage submit to the Resident Engineer a written statement of the nature of such work or claim. CONTRACTOR shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even if similar in character to work or damage with respect to which notice is timely given. Disputes shall be resolved pursuant Section 52: Dispute Resolution hereof.
b. On or before the second business day after the commencement of such work or the sustaining of such damage, for each day upon which work occurs or damage is sustained, CONTRACTOR shall file to the extent possible with the Resident Engineer and DCAMM, itemized statements of the details and costs of such work performed or damage sustained. CONTRACTOR shall use the DCAMM “Daily Time and Materials Report” found in APPENDIX A: REFERENCE DOCUMENTS to record all labor and material used and request CUSTOMER’s written acknowledgement that such time and materials were expended. If CONTRACTOR shall fail to make such statements to the extent possible, then CONTRACTOR shall not be entitled to additional compensation for any such work or damages. Disputes shall be resolved pursuant to Section 52: Dispute Resolution.
Work Performed Under Protest. The Contractor agrees to perform all Work as directed by the DCR, and if the Project Engineer determines that certain Work that the Contractor believes to be or to warrant a Change Order under this Article does not represent a change in the Work, the Contractor shall perform said Work. The Contractor shall be deemed to have concurred with the Project Engineer's determination as aforesaid unless the Contractor shall perform Work under protest in compliance with the following sub-paragraphs (1) and (2) below:
(1) If the Contractor claims compensation for a change in the Work that is not deemed by the Project Engineer to be a change or to warrant additional compensation as claimed by the Contractor, the Contractor shall within one week after the commencement of any such work or the sustaining of any such damage submit to the Resident Engineer a written statement of the nature of such work or claim. The Contractor shall not be entitled to additional compensation for any work performed or damage sustained for which written notice is not given within the time limit specified in the preceding sentence, even though similar in character to work or damage with respect to which notice is timely given.
(2) On or before the fifteenth day of the month succeeding that in which any such extra work shall have been done or any such damage shall have been sustained, the Contractor shall file to the extent possible with the Resident Engineer, itemized statements of the details and costs of such work performed, or damage sustained. If the Contractor shall fail to make such statement to the extent possible, then the Contractor shall not be entitled to additional compensation for any such work or damages.
Work Performed Under Protest. The Contractor must perform any work required by the Owner. If it considers the work to be ‘extra’ and the Owner disagrees, the work must be performed under protest.
Work Performed Under Protest. The Contractor shall perform all work as directed by the Owner, and if the Owner determines that certain work for which the Contractor has requested a change order does not represent a change in the Contract, or if the Contractor and the Owner cannot agree to the amount of compensation for a change order, the Contractor shall perform said work under protest and must follow the procedures described in the following subparagraphs (1) and (2):
(1) If the Contractor claims compensation for a change not approved by the Owner, he shall on or before the first working day following commencement of any such work or sustaining of any such damage submit to the Owner's site representatives, or, if there is none to the Designer, a written statement of the nature of such work or damage sustained. The Contractor will not be entitled to compensation for any portion of his change order claim related to work performed prior to the Owner's receipt of the written statement referred to in the previous sentence.
(2) On or before the second working day after the commencement of such work or sustaining of such damage, and daily thereafter, the Contractor shall file to the extent possible with the Designer and the Owner itemized statements of the details and costs of such work performed or damage sustained; calculated pursuant to paragraph 2 (3) of this Article; and unless such statements shall be made as so required, his claim for such compensation shall be forfeited and invalid and he shall not be entitled to payment on account of any such work or damage.