1517Claims for Compensation Adjustment

The Contractor shall not file a claim unless the Contractor has exhausted the requirements of 1402, “Contract Revisions,” and 1403, “Notification for Contract Revisions” including the notice requirements in 1403, “Notification for Contract Revisions.” Failure to comply with the notice requirements of 1403, “Notification for Contract Revisions,” is deemed to be a waiver of the claim. The Contractor is not entitled to compensation or time extensions for disputed Work under this section (1517) unless the compensation or time extension is required or provided for elsewhere in the Contract.

1517.1NOTIFICATION

The Contractor must notify the Engineer in writing of any intent to file a claim for compensation or time extension. The Contractor shall not be entitled to compensation or a time extension if:

account of the impacts and costs of the disputed Work.

impacts and costs of the disputed Work.

1517.2CLAIM SUBMITTALS

A Entitlement The Department requires that the Contractor establish entitlement for all claims before the Department will consider impact and cost. The Contractor must submit the following to the Engineer as a minimum to determine entitlement:

all relevant facts, including the events, dates, locations, and a description of what Work was affected and how this Work was affected by the claim.

why they support the claim, and how the details of the factual statement in item (1) above establish entitlement based on the referenced Contract provisions.

related to the information provided in item (1) and (2) above. B Impact and Cost If the Department determines that the Contractor has established entitlement, the Contractor must submit the following to the Department as a minimum to determine impact and cost:

Schedules substantiating the delay), and a schedule analysis in accordance with 1806.1, “Determination and Extension of Contract Time, General.”

substantiates the claimed costs. The Contractor must submit cost documentation for the claim submittal in a format that allows the Department to perform an audit under the authority of 1721, “Audits.” The Contractor may not submit a claim that fails to establish the causal link between the Department’s responsibility and the Contractor’s impacts and costs.

1517.3REQUIRED CERTIFICATION OF CLAIMS

The Contractor shall certify the claim attesting to the following:

overstated

belief In complying with this requirement, the Contractor’s claim submittal shall include the following fully executed certification: Under the penalty of law for perjury or falsification, the undersigned, ___________________________, (Name) _____________________________ of (Title) ______________________________ (Company)

hereby certifies that the claim for compensation and time, if any, made herein for W ork on this Contract is, to the best of the Contractor’s knowledge and belief, a true statement of the costs incurred and time sought, and is fully documented and supported under the Contract between the parties. Dated________________/s/___________________________ Subscribed and sworn before me this ____day of_____, 20__. Notary Public ______________________________________ My commission Expires ______________________________ A Impact and Cost If the Department determines that the Contractor has established entitlement, the Contractor shall submit the following to the Department as a minimum to determine impact and cost:

Schedules substantiating the delay), and a schedule analysis in accordance with 1806.1, “Determination and Extension of Contract Time, General.”

substantiates the claimed costs. The Contractor shall submit cost documentation for the claim submittal in a format that allows the Department to perform an audit under the authority of 1721, “Audits.” The Contractor may not submit a claim that fails to establish the causal link between the Department’s responsibility and the Contractor’s impacts and costs.

1517.4REVIEW OF CLAIM SUBMITTALS

All claim submittals filed will be subject to review by the Department at any time following the filing of the claim submittal. The Contractor, Subcontractor(s), or supplier(s) shall cooperate with the Department and shall provide the Department access to the following relevant documents, including, but not limited to:

supporting documentation pertinent to entries made in these ledgers and journals

accountant, or others for the years reflecting operations on the Project

establishing the actual cost of owning and operating Equipment

the Project was being performed and for each of the five years before the commencement of this Project

calculations on which the Proposal was based, unless the documents are placed in escrow as a provision of the Contract

the claim, including, but not limited to, labor, benefits and insurance, Materials, Equipment, Subcontractors, and all documents that establish the time periods, individuals involved, the hours and the rates for the individuals Control of Material