Specifications

SECURITY CAMERA SYSTEM UPGRADE AND REPLACEMENT
FOR MONTGOMERY COUNTY DETENTION CENTER
GENERAL CONDITIONS GC-22
advance to insure delivery when needed. Claims for additional time may be
made due to calamitous events of catastrophic proportions, including weather
related calamitous events of catastrophic proportions.
4.2.10 Injury or Damage to Person or Property. If either party to the Contract suffers injury or
damage to person or property because of an act or omission of the other party, of any of the other
party's employees or agents, or of others for whose acts such party is legally liable, written notice
of such injury or damage, whether or not insured, shall be given to the other party within a
reasonable time not exceeding twenty-one (21) days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or
time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.2.8 or
4.2.9.
4.3 Resolution of Claims and Disputes
4.3.1 The Engineer will review Claims submitted to it and take one or more of the following
preliminary actions within ten (10) days of receipt of a Claim: (1) request additional supporting data
from the claimant, (2) enter into an agreement with both parties as to a schedule indicating when the
Engineer expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection
in writing, (4) recommend approval of the Claim by the other party or (5) suggest a compromise.
The Engineer may also, but is not obligated to, notify the surety, if any, of the nature and amount
of the Claim.
4.3.2 If a Claim has been resolved, the Engineer will prepare or obtain appropriate documentation
for submission to the Board for approval. Modifications are to be drafted as provided in
Subparagraph 4.1.8.
4.3.3 If a Claim has not been resolved, the party making the Claim shall, within ten (10) days after
the Engineer's preliminary response, take one or more of the following actions: (1) submit
additional supporting data requested by the Engineer, (2) modify the initial Claim or (3) notify the
Engineer and the other party in writing that the initial Claim still stands.
4.3.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence
presented to the parties or requested by the Engineer, the Engineer will notify the parties in writing
that the Engineer's decision will be made within seven (7) days. Upon expiration of such time
period, the Engineer will render to the parties the Engineer's written decision relative to the Claim,
including any recommended change in the Contract Sum or Contract Time or both. The decision
of the Engineer shall only become final and binding on the parties upon written approval of the
Board by Resolution. The Board may unilaterally reject the Engineer's decision without cause. If
there is a surety and there appears to be a possibility of a Contractor's default, the Engineer or the
Board may, but are not obliged to notify the surety and request the surety's assistance in resolving
the controversy.
4.4 Claims or Controversies Between Contractors and Subcontractors
4.4.1 Procedure. Any controversy or claim between the Contractor and a Subcontractor or Sub-
subcontractor arising out of or related to this Contract, or the breach thereof, shall be first submitted
to the Engineer for determination pursuant to the procedures found in Subparagraphs 4.3.1 and 4.3.3