Sample SA Claim at End of Project, Settles Everything

Minnesota Dept of Transportation Office of Construction

Sample SA Claim at end of project, settles everything.

WHEREAS: This Contract provides for, among other things, fill in the general project description from the title page of the Contract; and

WHEREAS: The Contractor has filed certain claims relating to the work performed under this Contract; and

WHEREAS: The State’s Engineer has reviewed these claims and determined that some of the claims asserted by the Contractor are valid; and

WHEREAS: The State and the Contractor have reached an agreement to fully and completely settle all claims that have been or could have been brought by the Contractor on this project.

NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:

1. This Supplemental Agreement constitutes a full and final settlement of all claims for additional compensation that the Contractor has submitted, could have submitted or might otherwise hereafter m in any form whatsoever, not only for itself but also on behalf of any subcontractor or supplier.

2. The Contractor releases and covenants not to sue the State based upon any claims, demands, charges, suits and action that the Contractor and its suppliers may now or in the future have against the State, whether known or unknown, for damages, losses, charges, expenses, delays or compensation of whatever nature or kind based upon, or in any way arising out of any work performed by the Contractor or any subcontractors or suppliers in the performance of the Contract.

3. In consideration of the settlement of all of the Contractor’s pending and potential claims and its release and covenant not to sue, the State agree to pay and the Contractor agrees to accept the negotiated lump sum settlement payment of __ dollars and __ cents ($__). Payment will be made on Partial Voucher No. __ to this Contract.

4. Contract time will not be revised except as may be provided under Contract provisions of Mn/DOT Specification 1806.

Item Name Unit Quantity Group

Claim Settlement L.S. $__ __