General Requirements and Covenants (2)

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• • • Suspension of work on some but not all items of work shall be considered a "partial suspension". Suspension of work on all items shall be considered 'total suspensions'. The period of suspension shall be computed from the date set out in the written order for work to cease until the date of the order for work to resume. Any adjustment of contract time for suspension of work shall be made as provided in Subsection 8.8. In the event that the Contractor is ordered by the Engineer in writing as provided herein to suspend all work under the contract in accordance with Subsection 8.9(c), the Contractor may be reimbursed for actual money expended towards the project during the period of suspension. No allowance will be made for anticipated profits. Claims for such compensation shall be filed with the Engineer within ten (10) consecutive working days after the date of the order to resume work or such claims will not be considered. Together with the claim, the Contractor shall submit substantiating documents covering the entire amount shown on the claim.. The Engineer shall take the claim under consideration and may make such investigations as are deemed necessary and shall be the sole judge as to the equitability of such claim and his decision shall be final. No provisions of this article shall be construed as entitling the Contractor to compensation for delays due to failure of surety, for suspensions made at the request of the Contractor, for any delay required under the contract, for partial suspensions of work or for suspensions made by the Engineer under the provisions of Subsection 8.9(b). 8.1O DISPUTES - In case the Contractor deems extra compensation is due him for work or materials not clearly covered in the contract, or not ordered by the Engineer as an extra, the Contractor shall notify the Engineer in writing of his intention to make claim and shall afford the Engineer every facility for keeping actual cost of the work. Failure on the part of the Contractor to give such notification or to afford the Engineer proper facilities for keeping strict account of actual cost shall constitute a waiver of the claim for such extra compensation. The filing of such notice by the Contractor and the keeping of costs by the Engineer shall not in any way be construed to prove the validity of the claim. When the work has been completed, the Contractor shall within ten (10) consecutive working days file his claim in writing for extra compensa- tion with the Engineer who will review the claim and render his decision which shall be final. Should a dispute occur, the Contractor shall follow the procedure outlined above and diligently continue the work. Time extension will not be granted the Contractor for temporarily halting his operation due to disputes. 8.3.1 FAILURE TO COMPLETE THE WORM ON TI - It is mutually agreed by and between the parties hereto that time shall be an essential part of this contract and that in case of the failure on the part of the Contractor to complete his contract within the time specified and agreed upon, the County of Hawaii will be Section 8 Page 44