1403Notification for Contract Revisions

1403.1GENERAL

The following notification requirements apply to all potential Contract revisions including those defined in 1402, “Contract Revisions.” The Engineer will consider requests for Contract revisions only if the notification procedures in this section are followed. Failure to follow the notification procedures in this section is deemed to be a waiver of the claim. The specified time limits may only be extended through a written, jointly-signed agreement between the Contractor and the Engineer. The Engineer will address the underlying issue prompting the notification in a timely manner.

1403.2FIRST NOTICE, BY CONTRACTOR

The Contractor shall notify the Engineer as soon as a Contract revision appears necessary . The Contractor shall not start or continue with an Activity or Contract Item for which a Contract revision may be necessary without authorization from the Engineer.

1403.3WRITTEN NOTICE, BY CONTRACTOR

If the Contractor disagrees with the Engineer’s response or the Engineer does not respond to the first notice, the Contractor shall provide a written notice. Provide this written notice within 5 Business Days of first notice if Engineer has not responded or within 5 Business Days of receiving the Engineer’s response to the first notice. The written notice shall include the following:

appropriate references to the pertinent portions of the Contract or law

schedule(s), phasing, time, etc. Because of the preliminary nature of this notice, the Department recognizes that this information may rely on estimates

1403.4WRITTEN ACKNOWLEDGEMENT, BY ENGINEER

The Engineer will provide a written acknowledgment of receipt of the Contractor’s written notice.

1403.5FINAL WRITTEN RESPONSE, BY ENGINEER

Within 10 Business Days of receiving the Contractor’s written notice, the Engineer will provide a written response that includes one of the following:

extensions in accordance with 1806, “Determination and Extension of Contract Time,” and compensation in accordance with 1904, “Compensation for Contract Revisions”

by reference to the Contract, why the issue does not represent a revision to the Contract

needed and by when; the Engineer will respond within 10 Business Days of receiving the additional requested information

1403.6CONTRACTOR’S RECOURSE

If the Contractor disagrees with the Engineer’s final written response or the Engineer’s response is untimely, the Contractor may pursue a claim in accordance with 1517, “Claims for Compensation Adjustment.” The Contractor shall give the Engineer written notice of the intent to pursue a claim within 5 Business Days of receiving the Engineer’s final written response.