Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-20
calendar days have passed after the Claim has been referred to the Engineer, (5) the Claim relates
to a mechanic's lien, (6) the Claim is brought by the Board, or (7) the Board is the Engineer.
4.2.3 Time Limits on Claims. Claims by the Contractor must be made within twenty-one (21)
days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the
claimant first recognizes the condition giving rise to the Claim, whichever is later; provided,
however, that the Contractor shall use its best efforts to furnish the Engineer and the Board, as
expeditiously as possible, with notice of any Claim including, without limitation, those in connection
with concealed or unknown conditions, once such Claim is recognized, and shall cooperate with the
Engineer and Board in any effort to mitigate the alleged or potential damages, delay or other adverse
consequences arising out of the condition which is the cause of such Claim. Claims by the Board
must be made within the applicable statute of limitations period. Claims must be made by written
notice. An additional Claim by the Contractor made after the initial Claim has been implemented
by Change Order will not be considered unless submitted in a timely manner. Claims may also be
reserved in writing within the time limits set forth in this Paragraph 4.2.3. If a Claim is reserved,
the Resolution of Claims and Disputes procedure described in Paragraph 4.3 shall not commence
until a written notice from the Contractor is received by the Engineer and Board. Any notice of
Claim or reservation of Claim must clearly identify the alleged cause and the nature of the Claim
and include data and information then available to the Contractor that will facilitate prompt
verification and evaluation of the Claim.
4.2.4 Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall
proceed diligently with performance of the Contract and the Board shall continue to make payments
in accordance with the Contract Documents.
4.2.5 Waiver of Claims: Final Payment. The making and acceptance of the Final Payment shall
constitute:
4.2.5.1 a waiver of all claims by the Board against the Contractor other than those
arising from unsettled liens, from faulty or defective Work, or from failure
to comply with the requirements of the Contract Documents or the terms of
any special guarantees therein; and
4.2.5.2 a waiver of all claims by the Contractor against the Board other than those
previously made in writing and still unsettled.
4.2.6 The Contractor and the Board shall not be obliged to resolve any Claim or dispute by
arbitration.
4.2.7 Unknown Conditions.
4.2.7.1 If conditions are encountered at the site which are (1) subsurface or otherwise
concealed physical conditions which differ materially from those indicated
in the Contract Documents or (2) unknown physical conditions of an unusual
nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then notice by the observing party