Changes in the Work and Claims Sample Clauses
The "Changes in the Work and Claims" clause defines the process by which modifications to the original scope of work in a contract can be made and how related claims are handled. Typically, this clause allows either party to propose changes, which must then be documented and agreed upon, often through written change orders or amendments. It also outlines the procedure for submitting claims for additional costs or time resulting from such changes. The core function of this clause is to provide a structured mechanism for managing alterations to the contract, thereby minimizing disputes and ensuring that both parties understand their rights and obligations when changes occur.
Changes in the Work and Claims. The Subcontractor/Material Supplier shall not do any extra or change work, or make any changes therein under this Agreement, except upon the written order of the Contractor, or his authorized representative, given before Subcontractor/Material Supplier commences any such work. If Subcontractor/Material Supplier proceeds with any extra or change work without prior written authorization from Contractor, Subcontractor/Material Supplier does so at its own risk and waives all rights to payment for such work. Subcontractor/Material Supplier shall make any and all claims to Contractor for additional costs, damages and extensions of time in writing within twenty-one (21) calendar days of the event giving rise to such claim, or within the specified time as dictated by the General Conditions or other Contract Documents. In addition, such claim must be submitted in accordance with any other requirements set forth in the Contract Documents. The failure to give such written notice within the twenty-one (21) day time limit allowed for submission of a claim shall constitute an irrevocable waiver of the claim by Subcontractor/Material Supplier. No action, conduct, omission, prior failure or course of dealing by Contractor shall be effective to waive, modify, change or alter the requirement that all extra and/or change work must be authorized in writing and signed by Contractor. As such, the Change Order or Construction Change Directive are the exclusive methods of affecting any change in the Contract Price or Contract Time. Contractor acknowledges that the Contract Price and Contract Time cannot be changed by implication, oral agreement, actions, inactions, or course of conduct other than the methods prescribed by the Construction Documents.
Changes in the Work and Claims. 1. The Owner and Contractor may make changes in the Work. Upon receipt of such a change issued subsequent to the execution of the Contract, the Contractor shall promptly notify the Subcontractor. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work, which would be inconsistent with the changes ordered.
2. Changes in the Work shall be issued to the Subcontractor in writing. The Subcontractor agrees that no extra work or changes under this Contract will be recognized or paid, and Subcontractor waives and releases all claims for payment due unless the change order work is agreed to in writing before that work is undertaken. In such instances, where a written change order is provided, the Contract Sum will be adjusted accordingly and the Contract Time will be adjusted if the change affects the critical path of the Work.
3. All Subcontractor claims, regardless of whether or not arising from an Owner, Architect, or Contractor directed change, including without limitation, those seeking changes in Contract Sum or Time, must be made within seven (7) calendar days after occurrence of the event giving rise to such claim. Further, to the extent a Time extension is requested due to a Change in Work, the Subcontractor must provide written notice of this claim before beginning that Change in Work.
4. All claims must be made by written notice to the Contractor setting forth the change sought and an itemization of the additional payment and/or time requested.
5. Changes in the Work resulting in change orders shall entitle the Subcontractor to a total overhead (office and general conditions) and profit markup consistent with that provided for in the Contract Documents including applicable law incorporated therein. If not specified in the Contract Documents, the total markup shall be a maximum ten (10) % except that in no event, shall any ▇▇▇▇-up be greater than the percentage the Owner will pay to Contractor and any and all such payments from Contractor to Subcontractor are directly contingent upon the receipt by the Contractor of payment from the Owner and shall only be due to Subcontractor after Contractor receives such payment from Owner, and only in accordance with all other provisions herein.
6. In the event of an agreement on changes to the Contract Sum and Time, the Contractor and Subcontractor shall execute a Change Order in a form the Contractor will provide. In the event the parties agree on either th...
Changes in the Work and Claims. The Subcontractor/Material Supplier shall not do any extra or change work, or make any changes therein under this Agreement, except upon the written order of the Contractor, or his authorized representative, given before Subcontractor/Material Supplier commences any such work. If Subcontractor/Material Supplier proceeds with any extra or change work without prior written authorization from Contractor, Subcontractor/Material Supplier does so at its own risk and waives all rights to payment for such work. Subcontractor/Material Supplier shall make any and all claims to Contractor for additional costs, damages and extensions of time in writing within twenty-one
Changes in the Work and Claims