1995-04-13_GENERAL DOCUMENTS - C1981048

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March 1, 1-995 Article 39 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions, by drawings or otherwise, involve extra cost under this Contract, he shall give the Project Manager and the Principal Representative written Notice thereof within a reasonable time after the receipt of such instructions. In any event, before proceeding to execute the work, except in emergency endangering life or property, the procedure shall be as provided for under Article 38, CHANGES IN THE WORK. No such claim shall be valid unless so made. In all such cases, the Contractor shall keep a correct account of the extra cost, in such form as the Project Manager may direct, and shall present such account, supported by receipts. The Principal Representative shall be entitled to reject any claim for extra cost whenever the foregoing procedure is not followed. Any claim by the Contractor arising by virtue of this purchase order contract which is not disposed of by agreement shall be submitted in writing, together with any written and oral evidence in support thereof, to the Principle Representative for decision. Before making a decision the Principle Representative shall notify- the Contractor that any additional written and/or oral evidence in support of the claim may be presented :to the Principle Representative and such evidence must be supplied within such time as may be granted by the Principle Representative. The Principle Representative shall make his decision in writing and mail or otherwise furnish a signed copy to the Contractor. Pending the decision of the Principle Representative, the Contractor shall proceed diligently with the performance of this purchase order contract. Article 40. LIQUIDATED DAMAGES If the Contractor shall neglect, fail or refuse to complete the work within the time agreed upon in this purchase order contract or any extension thereof, the Contractor shall be liable to the Principle Representative in the amount specified in the Special Conditions for this project for each and every calendar day the completion of the work is delayed beyond the time provided in this purchase order contract, as fixed and agreed liquidated damages, and not as a penalty. If the Principle Representative terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work along with any increased costs incurred by the Principle Representative in completing the work. If the Principle Representative does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. The Principle Representative shall have the right to deduct from and retain out of monies which may be due or which may become due and payable to. the Contractor, the amount of such liquidated damages; and if the amount so: retained-.by the-Principle Representative is insufficient to pay in full such liquidated damages, the Contractor shall-pay to the Principle Representative the amount necessary to effect payment in full of such liquidated damages. Article 41. DAMAGES If either party to this Contract shall suffer damage in any manner because of any wrongful act or neglect of the other party or of anyone employed by him, then he shall be reimbursed by the other party for such damage, except that the Principal Representative shall be responsible for and at his option insure against loss of use of any of his existing property, due to fire or otherwise, however caused. Claims under this clause shall be made in writing to the party liable within a reasonable time of the first observance of such damage and not later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials. DMG-13