Common use of Changes in the Project Clause in Contracts

Changes in the Project. 10.1 Change Orders - The Owner, without invalidating the Project Agreement, may order Changes in the Project within the general scope of the Project Agreement consisting of additions, deletions or other revisions, with the GMP and the Construction Completion Date being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. (1) A Change Order is a written order to Contractor signed by the Owner and issued after the execution of the Project Agreement, authorizing a Change in the Project, Contractor's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Project. (2) The increase or decrease in the GMP resulting from a change in the Project shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; b. by unit prices stated in the Project Agreement or subsequently agreed upon; c. by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or d. by the method provided in subparagraph (3). (3) If none of the methods set forth in subparagraph (2) is agreed upon, upon receipt of a written order signed by the Owner, Contractor shall promptly proceed with the Work involved. The cost of such Work shall then be determined based on the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Architect-Engineer will establish an estimated cost of the work and Contractor shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and under subparagraph (2) above, Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project as outlined in Article 9. The amount of decrease in the GMP to be allowed by Contractor to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. (4) If unit prices are stated in the Project Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices and GMP shall be equitably adjusted. (5) Should concealed conditions encountered in the performance of the Work below the at variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Project Agreement, be encountered, the GMP and the Construction Completion date shall be equitably adjusted by Change Order upon a request for Change Order.

Changes in the Project. DELAYS – SUSPENSION OF WORK 10.1 Change Orders - The Owner, without invalidating the Project this Agreement, may order Changes changes in the Project within the general scope of the Project this Agreement consisting of additions, deletions deletions, or other revisions, with the GMP and the Construction Completion Date construction completion date being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. (1) 10.1.1 A Change Order is a written order on an approved change order form to Contractor the Construction Manager signed by the Owner and issued after the execution of the Project this Agreement, authorizing a Change change in the Project, Contractorthe Construction Manager's fee, or the Construction Completion construction completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Direct Cost of the ProjectWork. Execution of a change order by the Construction Manager serves as a waiver and an accord and satisfaction of all issues related to the work as identified in the change order. (2) 10.1.2 The increase or decrease in the GMP Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: a. by A. By mutual acceptance of a lump sum sum, properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-/Engineer and Owner; b. by B. By unit prices stated in the Project Agreement or subsequently agreed upon; c. by C. By cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or d. by D. By the method provided in subparagraph (3)section 10.1.3. (3) 10.1.3 If none of the methods set forth in subparagraph (2) is section 10.1.2 are agreed upon, upon receipt of the Construction Manager, provided he receives a written order signed by the Owner, Contractor shall promptly proceed with the Work work involved. The cost of such Work work shall then be determined based on the basis of the reasonable expenditures and savings of those performing the Work work attributed to the change. However, in the event a Change Order is issued under these conditions, the Architect-/Engineer will establish an estimated cost of the work and Contractor the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under subparagraph (2) section 10.1.2 above, Contractor the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Direct Cost of the Project Work as outlined in Article 9. The amount of decrease in the GMP Guaranteed Maximum Price to be allowed by Contractor the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. (4) 10.1.4 If unit prices are stated in the Project Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work work proposed will cause substantial inequity to the Owner or Contractorthe Construction Manager, the applicable unit prices and GMP Guaranteed Maximum Price shall be equitably adjusted. (5) 10.1.5 Should the Construction Manager encounter concealed conditions encountered in the performance of the Work below the underground or within an existing structure that are materially at variance with the conditions indicated intent of the drawings or specifications, or other information furnished by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Project Agreement, be encounteredOwner, the GMP and the Construction Completion date Manager shall be equitably adjusted by entitled to request a Change Order upon a to equitably adjust the guaranteed Maximum Price. Owner’s approval of such request for Change Ordershall not be unreasonably withheld.

Changes in the Project. 10.1 Change Orders - The OwnerPORT reserves the right to make, without invalidating at any time during the Project Agreementwork, may order Changes such changes in quantities and such alterations in the Project within works as are necessary to satisfactorily complete the general scope of project. Such changes in quantities and alterations shall not invalidate the Project Agreement consisting of additionscontract nor release the surety, deletions or other revisions, with the GMP and the Construction Completion Date being adjusted accordinglyCONTRACTOR agrees to perform the work as altered. All The PORT will issue a written change order for any changes unless the remainder of this section provides otherwise. If the alterations or changes in quantities significantly change the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. (1) A Change Order is a written order to Contractor signed by the Owner and issued after the execution of the Project Agreement, authorizing a Change in the Project, Contractor's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Project. (2) The increase or decrease in the GMP resulting from a change in the Project shall be determined in one or more of the following ways: a. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect-Engineer and Owner; b. by unit prices stated in the Project Agreement or subsequently agreed upon; c. by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or d. by the method provided in subparagraph (3). (3) If none of the methods set forth in subparagraph (2) is agreed upon, upon receipt of a written order signed by the Owner, Contractor shall promptly proceed with the Work involved. The cost of such Work shall then be determined based on the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Architect-Engineer will establish an estimated cost character of the work and Contractor shall under the contract, whether or not perform changed by any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and under subparagraph (2) above, Contractor shall keep and present, in such form as the Owner may prescribedifferent quantities or alterations, an itemized accounting together with appropriate supporting data adjustment, excluding loss of anticipated profits will be made to the increase in the Cost of the Project as outlined in Article 9Contract. The amount of decrease in basis for the GMP to be allowed by Contractor to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. (4) If unit prices are stated in the Project Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices and GMP adjustment shall be equitably adjusted. (5) Should concealed conditions encountered in agreed upon prior to the performance of the Work below work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the at variance CONTRACTOR in such amount as the PORT may determine to be fair and equitable. The CONTRACTOR shall proceed with the conditions indicated work upon receiving a written change order approved by the Drawings, SpecificationsPORT, or Owner furnished an oral order from the PORT before actually receiving the written change order. The CONTRACTOR may protest the change order as provided below, if the CONTRACTOR is in disagreement with anything required in a change order, another written order, or an oral order from the PORT, including any direction, instruction, interpretation, or determination by the PORT or its Architect, the CONTRACTOR shall, immediately give a signed written notice of protest to the PORT before doing the work, and supplement the written protest within 15 calendar days with a written statement. If the protest is continuing, the information or should unknown physical conditions below required above shall be supplemented as requested by the surface PORT. In addition, the CONTRACTOR shall provide the PORT, before final payment, a written statement of the ground actual adjustment requested. Throughout any protested work, the CONTRACTOR shall keep complete records of extra costs and time incurred. The CONTRACTOR shall permit the PORT access to these and any other records needed for evaluating the protest as determined by the PORT. The PORT will evaluate all protests provided the procedures in this section are followed. If the PORT determines that a protest is valid, the PORT will adjust payment for work or should concealed time. No adjustment will be made for an invalid protest. In spite of any protest, the CONTRACTOR shall proceed promptly with the work as the PORT orders. The CONTRACTOR accepts all requirements of a change order by; endorsing it, writing a separate acceptance, or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for not protesting in the Project Agreementway this section provides. A change order that is not protested as provided in this section shall be full payment and final settlement of all claims for contract time and for all costs of any kind, be encounteredincluding costs of delays, related to any work either covered or affected by the change. By not protesting as this section provides, the GMP CONTRACTOR also waives any additional entitlement and accepts from the Construction Completion date shall be equitably adjusted by Change Order upon a request PORT any written or oral order (including directions, instructions, interpretations, and determinations). By failing to follow the procedures of this section, the CONTRACTOR completely waives any claims for Change Orderprotested work.