Changes in the Project. 6.1 The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, the Guaranteed Maximum Price, if established, the Construction Phase Services and the Construction Manager's Fee and the Substantial Completion Date being adjusted accordingly. All such Changes in the Project will be authorized by Change Order. The Construction Manager will provide an estimate of the cost of the Change and the impact the Change will have on the Project Time Schedule to the Owner. 6.1.1. A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent issued after the execution of this Agreement, authorizing a Change in the Project, or the method or manner of performance, and/or an adjustment in the Guaranteed Maximum Price, the Construction Manager's Fee, or the Substantial Completion Date. Each adjustment in the Guaranteed Maximum Price resulting from a Change Order will clearly separate the amount attributable to the Cost of the Project and the Construction Manager's Fee. 6.1.2. The Cost of a Change in the Project will be calculated as the sum of the following: The cost of the additive change to the worked performed by the Trade Contractors plus (B) an overhead factor of ten percent (10%) of the additive cost of the change. The addition of the overhead factor will not be included until the Guaranteed Maximum Price is exceeded by 2% and will only apply to amounts over the 2%. 6.1.2.1 The amount of increase in the Guaranteed Maximum Price resulting from a Change in the Project will be the sum of the Cost of the Change in the Project calculated pursuant to Subparagraph 6.1.2 and the Construction Manager's fee calculated pursuant to Subparagraph 5.4.4. 6.1.3. The amount of decrease in the Guaranteed Maximum Price to be allowed by 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. When both additions and credits are involved in any one change, the increase in Fee will be figured on the basis of net increase, if any, subject to the limitations set forth in the Contract Documents. 6.1.4. If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price will be equitably adjusted. 6.1.5. Should concealed conditions be encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be 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 this Agreement, be encountered, the Guaranteed Maximum Price and the Substantial Completion Date may be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions.
Appears in 2 contracts
Sources: Construction Management Contract, Construction Management Contract
Changes in the Project. 6.1 The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, the Guaranteed Maximum Price, if established, the Construction Phase Services and the Construction Manager's Fee and the Substantial Completion Date being adjusted accordingly. All such Changes in the Project will be authorized by Change Order. The Construction Manager will provide an estimate of the cost of the Change and the impact the Change will have on the Project Time Schedule to the Owner.
6.1.1. 6.1.1 A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent issued after the execution of this Agreement, authorizing a Change in the Project, or the method or manner of performance, and/or an adjustment in the Guaranteed Maximum Price, the Construction Manager's Fee, or the Substantial Completion Date. Each adjustment in the Guaranteed Maximum Price resulting from a Change Order will clearly separate the amount attributable to the Cost of the Project and the Construction Manager's Fee.
6.1.2. 6.1.2 The Cost of a Change in the Project will be calculated as the sum of the following: :
(A) The cost of the additive change to the worked performed by the Trade Contractors plus (B) an overhead factor of ten percent (10%) of the additive cost of the change. The addition of the overhead factor will not be included until the Final Guaranteed Maximum Price is exceeded by 2% and will only apply to amounts over the 2%.
6.1.2.1 The amount of increase in the Guaranteed Maximum Price resulting from a Change in the Project will be the sum of the Cost of the Change in the Project calculated pursuant to Subparagraph 6.1.2 and the Construction Manager's fee calculated pursuant to Subparagraph 5.4.4.
6.1.3. 6.1.3 The amount of decrease in the Guaranteed Maximum Price to be allowed by 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. When both additions and credits are involved in any one change, the increase in Fee will be figured on the basis of net increase, if any, subject to the limitations set forth in the Contract Documents.
6.1.4. 6.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price will be equitably adjusted.
6.1.5. 6.1.5 Should concealed conditions be encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, or Owner-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 this Agreement, be encountered, the Guaranteed Maximum Price and the Substantial Completion Date may be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions.
Appears in 2 contracts
Sources: Construction Manager Agreement, Construction Manager Agreement
Changes in the Project. 6.1 The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, the Guaranteed Maximum Price, if established, the Construction Phase Services and the Construction Manager's Fee and the Substantial Completion Date being adjusted accordingly. All such Changes in the Project will be authorized by Change Order. The Construction Manager will provide an estimate of the cost of the Change and the impact the Change will have on the Project Time Schedule to the Owner.
6.1.1. A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent issued after the execution of this Agreement, authorizing a Change in the Project, or the method or manner of performance, and/or an adjustment in the Guaranteed Maximum Price, the Construction Manager's Fee, or the Substantial Completion Date. Each adjustment in the Guaranteed Maximum Price resulting from a Change Order will clearly separate the amount attributable to the Cost of the Project and the Construction Manager's Fee.
6.1.2. The Cost of a Change in the Project will be calculated as the sum of the following: The cost of the additive change to the worked performed by the Trade Contractors plus (B) an overhead factor of ten percent (10%) of the additive cost of the change. The addition of the overhead factor will not be included until the Guaranteed Maximum Price is exceeded by 2% and will only apply to amounts over the 2%.
6.1.2.1 The amount of increase in the Guaranteed Maximum Price resulting from a Change in the Project will be the sum of the Cost of the Change in the Project calculated pursuant to Subparagraph 6.1.2 and the Construction Manager's fee calculated pursuant to Subparagraph 5.4.4.
6.1.3. The amount of decrease in the Guaranteed Maximum Price to be allowed by 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. When both additions and credits are involved in any one change, the increase in Fee will be figured on the basis of net increase, if any, subject to the limitations set forth in the Contract Documents.are
6.1.4. If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price will be equitably adjusted.
6.1.5. Should concealed conditions be encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be 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 this Agreement, be encountered, the Guaranteed Maximum Price and the Substantial Completion Date may be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions.
Appears in 1 contract
Sources: Construction Management Contract
Changes in the Project. 6.1 The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, the Guaranteed Maximum Price, if established, the Construction Phase Services and the Construction Manager's Fee and the Substantial Completion Date being adjusted accordingly. All such Changes in the Project will be authorized by Change Order. The Construction Manager will provide an estimate of the cost of the Change and the impact the Change will have on the Project Time Schedule to the Owner.
6.1.1. 6.1.1 A Change Order is a written order to the Construction Manager signed by the Owner or his authorized agent issued after the execution of this Agreement, authorizing a Change in the Project, or the method or manner of performance, and/or an adjustment in the Guaranteed Maximum Price, the Construction Manager's Fee, or the Substantial Completion Date. Each adjustment in the Guaranteed Maximum Price resulting from a Change Order will clearly separate the amount attributable to the Cost of the Project and the Construction Manager's Fee.
6.1.2. 6.1.2 The Cost of a Change in the Project will be calculated as the sum of the following: :
(A) The cost of the additive change to the worked performed by the Trade Contractors plus (B) an overhead factor of ten percent (10%) of the additive cost of the change. The addition of the overhead factor will not be included until the Final Guaranteed Maximum Price is exceeded by 2% and will only apply to amounts over the 2%.
6.1.2.1 The amount of increase in the Guaranteed Maximum Price resulting from a Change in the Project will be the sum of the Cost of the Change in the Project calculated pursuant to Subparagraph 6.1.2 and the Construction Manager's fee calculated pursuant to Subparagraph 5.4.4.
6.1.3. 6.1.3 The amount of decrease in the Guaranteed Maximum Price to be allowed by 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. When both additions and credits are involved in any one change, the increase in Fee will be figured on the basis of net increase, if any, subject to the limitations set forth in the Contract Documents.to
6.1.4. 6.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price will be equitably adjusted.
6.1.5. 6.1.5 Should concealed conditions be encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, or Owner-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 this Agreement, be encountered, the Guaranteed Maximum Price and the Substantial Completion Date may be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions.
Appears in 1 contract
Sources: Construction Manager Agreement