Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-19
not be recognized on account of failure by the Engineer to furnish such interpretations until fifteen
(15) calendar days after written request is made for them. The Engineer's interpretation may be
appealed to the Office of the Prosecuting Attorney for Montgomery County, Ohio, referred to herein
as the Prosecutor, as the Board's agent, within seven (7) days of receipt of the Engineer's written
decision. The decision of the Prosecutor shall be rendered with reasonable promptness and within
any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of the Prosecutor shall be furnished in compliance with this Paragraph 4.1,
delay shall not be recognized on account of failure by the Prosecutor to furnish such interpretations
until thirty (30) calendar days after written request is made for them.
4.1.12 Consideration of any claims, disputes or controversies pursuant to this Article does not
preclude consideration of questions of law in connection with decisions provided for herein. Nothing
in this Contract, however, shall be construed as making final as to questions of law the decisions of
the Board or Engineer or their employees, agents, representatives, successors or assigns.
4.1.13 Interpretations and decisions of the Engineer will be consistent with the intent of, and
reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings.
When making such interpretations and decisions, the Engineer will endeavor to secure faithful
performance by both Board and Contractor, will not show partiality to either and will not be liable
for results of interpretations or decisions so rendered in good faith.
4.1.14 Any reference in the Contract Documents to the Engineer taking action within a "reasonable
time" is understood to mean no more than two (2) weeks.
4.2 Claims and Disputes
4.2.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of Contract terms, payment of money, extension of time or other
relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and
matters in question between the Board and Contractor arising out of or relating to the Contract.
Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.2.2 Decision of Engineer. Claims by the Contractor, including those alleging an error or
omission by the Engineer, shall be referred initially to the Engineer for action as provided in
Paragraph 4.3 with a copy contemporaneously to be supplied to the Board. Claims by the Board
may be referred initially to the Engineer for action as provided in Paragraph 4.3 at its discretion.
Claims of the Contractor first recognized after the date of final payment shall be referred to the
Board. A decision by the Engineer, as provided in Subparagraph 4.3.4, shall be required as a
condition precedent to litigation of a claim brought by the Contractor as to all such matters arising
prior to the date final payment is due, regardless of (1) whether such matters relate to execution and
progress of the Work or (2) the extent to which the Work has been completed. The decision by the
Engineer in response to a Claim shall not be a condition precedent to litigation in the event (1) the
position of Engineer is vacant, (2) the Engineer has not received evidence or has failed to render a
decision within agreed time limits, (3) the Engineer has failed to take action required under
Subparagraph 4.3.4 within thirty (30) calendar days after the Claim is made, (4) forty-five (45)