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Page | 37 <br />Revised 12/24 <br /> <br />change, as well as the CMAR's estimate of the schedule impact of the change, if any. The CMAR <br />and its Subcontractors shall not be entitled to reimbursement or an increase in the GMP for any <br />claims that are not filed in strict conformance with this section. The CMAR shall not proceed with <br />the Work affected until further advised, except in emergency involving the safety of life or <br />property. No claims for extra compensation will be considered unless the claim is so made. The <br />Project Designer shall review and render a written decision on each claim for extra cost w ithin <br />seven (7) days of receipt of claim. Failure to submit a timely claim for additional cost will <br />constitute a waiver of said claim. <br /> <br />33.2. The CMAR shall not act on instructions received by it from persons other than the Project <br />Designer, and any claims for extra compensation or extension of time on account of such <br />instruction will not be honored. The Project Designer will not be responsible for misunderstandings <br />claimed by the CMAR of verbal instructions which have not been confirmed in writing, and in no <br />case shall instructions be interpreted as permitting a departure from the Contract Documents unless <br />such instruction is confirmed in writing and supported by a properly authorized change order. <br /> <br />33.3. Under no circumstances shall a claim for extra cost include a claim for an increase in the CMAR <br />Fee. Approved claims for extra cost, however, will be considered change orders for purposes of <br />determining if the CMAR is entitled to an increase in its Fee under Paragraph 3.3 herein. <br /> <br />33.4. If the parties are unable to agree to the reasonable cost and time to perform the change, or are <br />unable to agree as to whether a change occurred, the Owner’s representative shall make a unilateral <br />determination regarding the basis of proceeding, subject to dispute resolu tion at a later time. The <br />CMAR shall proceed with the Work as directed by the Owner’s representative. <br /> <br />33.5. Should a claim for an increase in the GMP by the CMAR be denied by the Owner the CMAR may <br />request mediation in connection with the dispute resolu tion rules adopted for this Project. <br /> <br />34. DIFFERING SITE CONDITIONS <br /> <br />34.1. Should the CMAR encounter subsurface or latent conditions, or both at the site materially differing <br />from those shown on the drawings or indicated in the specifications or differi ng materially from <br />those ordinarily encountered and generally recognized as inherent in Work of the character <br />provided for in this Contract, the CMAR shall immediately, and in no event later than thirty (30) <br />days later, give notice to the Owner of such conditions before they are disturbed. The Owner and <br />the Project Designer shall thereupon promptly investigate the conditions and if they find that they <br />materially differ from those shown on the drawings or indicated in the specifications, they shall at <br />once make such changes in the drawings and/or specifications as they may find necessary. Any <br />increase or decrease in the Cost of the Work resulting from such changes shall be adjusted in the <br />manner provided herein for adjustments as to extra and/or additional Wo rk and changes. However, <br />neither the Owner nor the Project Designer shall be liable or responsible for additional Work, costs <br />or changes to the Work that could have been reasonably determined from any geotechnical, soils <br />and other reports, surveys and analyses made available for the CMAR's review or that could have <br />been discovered by the CMAR through the performance of its obligations pursuant to this Contract . <br /> <br />35. CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> <br />35.1. Any Work, materials, fabricated items or other parts of the Work which have been condemned , <br />rejected, or declared not in accordance with the Contract by the Project Designer shall be promptly <br />removed from the Work site by the CMAR, and shall be immediately replaced by new Work in <br />accordance with the contract at no additional cost to the Owner. Work or property of the Owner, <br />damaged or destroyed by virtue of such faulty Work, shall be made good at the expense of the <br />CMAR. <br /> <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78