Common use of Changes in the Work Clause in Contracts

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 4 contracts

Samples: Long Form Standard Subcontract, Long Form Standard Subcontract, Long Form Standard Subcontract Agreement

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Changes in the Work. Subcontractor shall make any and all changes in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Subcontract Price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction. Payment for changed work Work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work Work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed workWork, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work Work is a change in the work Work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall Work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work Work. Such written notice of claim must be given within ten seven (107) days after such work Work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s 's failure either to give the written notice before proceeding with the work or to submit claim within the ten seven (107) days constitutes an agreement by it Subcontractor that it will not be paid for the disputed workWork. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Agreement arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.

Appears in 2 contracts

Samples: Master Subcontract Agreement, Master Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

Changes in the Work. Subcontractor Subject to the terms of the Prime Contract, Contractor shall make any have the right and all changes power to request a change in the work described in Sublet Work. Should Contractor, at any time during the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount progress of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletionWork, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make request any changes in the work described Scope of the Sublet Work in Section 2 this Agreement, Subcontractor shall within a reasonable time thereafter submit an itemized estimate reflecting any cost changes required to make the changes. Such itemized estimate shall be furnished in sufficient detail that Contractor can distinguish the direct labor man-hours and labor costs, direct material, direct equipment, applicable labor markups for employee labor burdens and benefits, and allocation of home office overhead and a reasonable profit. All elements of potential cost are subject to negotiation, however; in the event agreement cannot be reached on estimated costs, Subcontractor reimbursement will be limited to actual direct costs plus 10% markup. It is distinctly understood and agreed, regardless from whom orders may be taken for changes in the Scope of the Work, that no such changes are to be made except by a written Subcontract or in Work Release Change Order issued by an authorized signatory of Contractor and then only when such order sets forth the amount of any way cause addition or allow that work deduction and is signed by both parties thereto. In addition to deviate from any General Contractor Officer of the Contract Documents without written direction from ContractorCorporation, authorized signatories shall be stated on the assigned Work Release. If Subcontractor makes any changes in initiates a substitution, deviation or change which affects the work described in Section 2 without written direction from Scope of Work or the Sublet Work or causes expense to Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all lossesthe expenses thereof. Notwithstanding anything herein to the contrary, costsContractor may, expensespursuant to the requirements of the Prime Contract, damages, and liability order Subcontractor to proceed with changes for which final price and/or time have not been determined. Subcontractor shall proceed with the Work in accordance with the directives of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises In the absence of an agreement between Contractor and Subcontractor about whether particular work is on the proper change to the amount or the time for performance of any Work Release because of a change in the work described in Section 2Work, Subcontractor shall timely perform may treat the disputed work. If Subcontractor intends to submit matter as a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the workclaim. In additionsuch event, the Subcontractor shall submit be entitled to recover only the amount by which its written claim for additional compensation for that work within direct costs have been reasonably increased over the direct cost of performing the Work without the change in the Work, plus ten percent (10%) days after such work is performed in sufficient detail for Contractor (5% on Sub-Subcontractor's work) of direct cost to make an evaluation cover supervision, field office and home office overhead, profit and all other costs. Direct costs shall be limited to lesser of actual or reasonable costs of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.following:

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Changes in the Work. Subcontractor shall hereby agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 2 contracts

Samples: Subcontract Agreement, Subcontract Agreement

Changes in the Work. Subcontractor shall xxxxxx agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writingpursuant to Contractor’s written direction. Such change or written direction shall not invalidate this Agreement. If necessaryapplicable, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary for Contractor to substantiate the amount of the addition to or deduction from the price any proposed change in cost or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular certain work is a change in the work scope described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed a reasonable time, but in no event shall it be later than 72 hours prior to Contractor’s requirement to provide notice to Owner under the Prime Contract. Failure by Subcontractor to provide timely notice will prejudice Contractor’s rights under the Prime Contract. Subcontractor’s written claim shall have sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days written claim, as provided above, constitutes an agreement by it that it will not is waiving its rights to be paid compensated for the disputed work. Contractor may request that Subcontractor submit change order proposals or other cost estimates in accordance with this Agreement and the Prime Contract. Subcontractor agrees to provide requested proposals with sufficient substantiation to meet the requirements of this Agreement and the Prime Contract, within the time required by the Prime Contract, so that Contractor can meet its obligations to Owner. Should Subcontractor fail to timely submit requested proposals or estimates, Subcontractor acknowledges that Contractor will be obligated to submit such proposals or estimates on their behalf and Subcontractor shall be bound by such submission. Subcontractor further agrees that it will be responsible for the direct costs incurred by Contractor in preparing and submitting proposals or estimates on Subcontractor’s behalf. If the Subcontractor intends to assert a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Owner or another party, including but not limited to, claims for failure to pay, an extension of time, delay damages, or extra work, Subcontractor will fully comply with the requirements of the Prime Contract in that regard with the express understanding that failure to comply will prejudice Contractor’s rights and may invalidate Subcontractor’s claim. Any notice of claim from Subcontractor must clearly state that it is a contractual notice and must be in a form that complies with this Agreement and the Prime Contract. Communications in emails, daily reports, meeting minutes or other form(s) that do not comply with this Section shall not be considered proper or effective contractual notice. Contractor will present the Subcontractor’s reasonable and verified claims to the Owner or other responsible party. The Subcontractor shall cooperate fully with the Contractor in all steps taken in connection with prosecuting such claims and shall hold harmless and reimburse the Contractor for all expenses, including legal expense, incurred by Contractor which arise out of Contractor’s submission of Subcontractor’s claims to Owner or other responsible party. Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such claims. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not bill for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. * All Change Order Requests are to be broken out per Individual Line items, Labor (Hours and rate), Material (Including quantities), Equipment, Tax and Overhead & Profit. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. These price changes from the Subcontractor shall be sent to the Contractor within 5 business days of the Subcontractor receiving the direction of change. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s upon Contractors written directiondirection to proceed or the failure to reach an agreement on the amount of the addition or deletion. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Where agreement is reached over changed work, such change order shall be conclusive and constitutes a waiver by Subcontractor of any other sums, claims, time impacts or other costs not expressly stated in the change order, which arise from the changed work. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from the Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work work. Such written notice of claim must be given within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: www.altenconstruction.com

Changes in the Work. The Subcontractor shall may be ordered by the Contractor, without invalidating this Subcontract, to make any and all changes in the work described Work within the general scope of such Subcontract consisting of additions, deletions, or other revisions. The Contract Sum and the Contract Time for such revised Work shall be adjusted in a manner consistent with the Contract Documents. Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to Contractor written copies of any claim for adjustment to the Contract Sum or Contract Time for such revised Work. No alteration, addition, omission, or change shall be made in the Work, except upon the written change order of Contractor. Any change or adjustment in the Contract Documents and this Agreement as directed Sum or schedule by Contractor in writing. Such virtue of such change or written direction order shall not invalidate this Agreement. If necessary, the contract price be specifically stated in Section 3 and said change order. Prior to the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount issuance of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletionany change order, Subcontractor shall nonetheless timely furnish to Contractor a detailed breakdown showing the difference in the schedule and in the value of the work, labor, services, and materials, altered, added, omitted, or changed by the proposed change order. Unless and until Contractor approves the proposed change order in writing, Subcontractor shall be under no duty or obligation to perform or carry out such proposed change order and Contractor shall be under no duty, obligation, or liability to pay any increase in the Contract Sum or provide additional contract time as a result of such proposed change order. If an agreement as to the amount or other term of a change order cannot be reached, Contractor may issue a written directive to Subcontractor that Subcontractor is to perform the work as changed by Contractor’s detailed within the written directiondirective. Once Subcontractor receives Contractor’s written directionshall be compensated, Subcontractor is solely responsible upon the production of adequate evidence in a form acceptable to Contractor for timely performance the direct labor and material costs, plus 10% overhead and profit, incurred in the execution of the work as changed by detailed in the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationdirective.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall Vendor hereby agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Purchase Price stated herein, and pro rata to the same. Vendor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Vendor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Vendor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Vendor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. SAMPLE Any modification in the Contract Documents compensation or time (if any) stated in a Purchase Agreement Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Vendor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Vendor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorexpense of other trades, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor Vendor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Purchase Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Contractor Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: dolanconcrete.com

Changes in the Work. Contractor may, at any time by written order of Contractor's authorized representative, and without notice to Subcontractor's surety, make changes in, including additions to and omissions from the work to be performed and materials to be furnished under this Agreement, and Subcontractor shall make any and all changes in immediately proceed with the work described in the Contract Documents and performance of this Agreement as directed by Contractor in writingso changed. Such change or written direction Any changes shall not invalidate be subject to all the terms and conditions of this Agreement. If necessaryany such ordered change increases or decreases the cost of performing the work under this Agreement, the contract subcontract price stated in Section 3 and the time for Subcontractor’s performance shall will be adjusted by appropriate additions or deductions as mutually agreed upon by the parties hereto before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timework is performed. If Contractor and Subcontractor the parties hereto cannot agree on the amount of the addition adjustment to be made, Subcontractor shall nonetheless promptly proceed to perform the work as changed, and Subcontractor shall keep and submit to Contractor, in the manner specified below, a cost breakdown as needed to substantiate the amount of the adjustment. Any claim by Subcontractor for an adjustment of the subcontract price under this paragraph must be submitted in writing within seven (7) days from the date any such change is ordered. If a dispute arises between the parties hereto as to whether any particular work is a change to the work described in Section 1 or deletionif Subcontractor is given an oral directive by Contractor to perform work for which Subcontractor considers it has a right to additional payment, Subcontractor shall nonetheless timely perform the alleged extra work as changed by Contractor’s and may submit a written direction. Once Subcontractor receives Contractor’s "Notice of Intent to File Claim for Additional Money"; such written direction, Subcontractor is solely responsible for timely notice must be submitted to Contractor within three (3) days after commencing the performance of the alleged extra work. If said notice is timely given, as a condition precedent to thereafter making claim, Subcontractor shall keep and submit to Contractor on a weekly basis a complete breakdown of all costs occasioned by the alleged extra work, including a labor breakdown by name of person, hours worked, and task performed for each employee performing said alleged extra work as changed well as a similar breakdown for all equipment used and copies of all invoices and delivery tickets for materials used. IF SAID 'NOTICE OF INTENT TO FILE CLAIM FOR ADDITIONAL MONEY' IS NOT TIMELY GIVEN OR IF SAID COST BREAKDOWN IS NOT KEPT AND SUBMITTED AS SPECIFIED, SUBCONTRACTOR AGREES THAT EITHER OF SUCH FAILURES WILL BE AND CONSTITUTE CONCLUSIVE AND NONREBUTTABLE EVIDENCE THAT NO EXTRA WORK WAS PERFORMED AND THAT NO PAYMENT FOR THE ALLEGED EXTRA WORK IS DUE SUBCONTRACTOR. If Subcontractor claims additional compensation on account of changes in the work ordered by the written directionOwner or due to acts or omissions by the Owner, any such claim shall be submitted by Subcontractor in a manner and in time to enable Contractor to comply with any notice or other claim requirement specified in the Contract Documents. Contractor shall be liable to Subcontractor for such changes to the same extent, but only to the extent, that the Owner is found liable to Contractor for the same insofar as it concerns Subcontractor's work. Payment for any changed or extra work to which Subcontractor may become entitled to under this section shall be made in accordance with the provisions of Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation3 above.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to any surety who issued a Subcontractor shall bond, make any and all changes in the work described Work within the general scope hereof. If such changes cause an increase or decrease in the Contract Documents and this Agreement as directed by Contractor cost of the Work or in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the required time for Subcontractor’s performance its performance, an equitable adjustment shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs made subject to the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount conditions of the addition to or deduction from the price or timethis Paragraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor’s written direction. Once No increase in compensation or extension of time for performance shall be allowed unless Subcontractor makes application therefor, in writing, to Contractor within seven (7) days from the date on which Subcontractor receives Contractora notification of change, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the Prime Contract Documents, whichever is earlier). Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays associated with the change. Contractor shall have the right to, but is not obligated to, audit any information submitted by Subcontractor in connection with such application. If Subcontractor does not submit an application in this time period, due to the substantial prejudice sustained by Contractor as a consequence of Subcontractor’s failure to submit a timely written directionapplication, Subcontractor is solely shall be deemed to waive and release any claim for additional compensation or additional time for such change. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for timely the performance of the work Work. To the maximum extent allowed by law, Contractor’s obligation to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages resulting from or arising out of any cause beyond Contractor’s reasonable control, including but not limited to acts or omissions by Owner, Architect, third party utilities, governmental and regulatory authorities or force majeure, is limited to paying to Subcontractor its proportionate share of any amounts which Owner pays to Contractor as changed a result of such claim, subject to any offset for Contractor’s costs and expenses incurred in presenting such claim to Owner and Subcontractor waives and releases any claims beyond such share received by the written directionContractor. Payment for changed work Any disputed Work must be tracked and submitted to Contractor on a daily basis. Failure to provide time and material tickets on a daily basis shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes deemed an agreement by Subcontractor that it will Work performed that day is not be paid for that changed work, even if it received verbal direction recoverable from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, and Subcontractor shall be liable for waives any and all losses, costs, expenses, damagesrights to additional compensation therefrom. Any signature by Contractor employee on a time and material daily ticket shall mean Contractor is acknowledging receipt of the time and material ticket only, and liability of such signature is not an admission that Contractor is accepting any nature whatsoever such time or cost as extra work or that the cost associated with such time or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work material is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. due Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Master Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make 11.01 Contractor, without invalidating or abandoning this Subcontract, may at any and all time require changes in the work described consisting of additions, deletions or other revisions. For Owner or Contractor requested changes, the Subcontractor shall not be entitled to nor shall it receive any increase or upward adjustment in the its Contract Documents Sum unless said amount and this Agreement as directed by Contractor liability are acknowledged, in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s authorized representative, which representative must have written directionauthority for such acts, otherwise the Subcontractor shall proceed at its own risk and expense. Once Subcontractor receives Contractor’s written directionNo alteration, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work addition, omission or changes shall be made in accordance the work, or the method or manner of performance of same, except upon the written, signed Change Order sent by the Subcontractor to the Contractor. Any change or adjustment in the Contract Sum by virtue of such Change Order shall be specifically stated in said Change Order. Change Orders are subject to the terms of these Articles and all other Contract Documents. Prior to the execution of any Change Order, the Contractor may require the Subcontractor to furnish to the Contractor a detailed breakdown showing the difference in value of the work, labor, services and materials altered, added, omitted or changed by the proposed Change Order. If an agreement as to monetary allowance or other terms in the Change Order cannot be reached, the Contractor, by an authorized representative, may direct, in writing, the Subcontractor to perform the work, with Section 4the final adjustment reserved until final completion of both this Subcontract and the Prime Contract. Subcontractor The monetary amount for the performance of any Change Order shall not make any changes exceed the allowance set forth in the work described Subcontractor’s prior price breakdown. The failure of the Subcontractor to immediately commence performance of any Change Order, when so directed in Section 2 or in any way cause or allow that work to deviate from executed written form by the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by whether or not all terms have been agreed upon, may be deemed a material breach and the Subcontractor that it will not may be paid held in default of this Subcontract. However, for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In additiondriven changes, Subcontractor shall be liable entitled to interim payments for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction order work to the extent Contractor can obtain interim payments for such change order work from ContractorOwner. If such interim payments are made, they shall be credited to the final amount agreed upon by the parties or by a dispute arises between Contractor and court of law. Any extension of time needed as a result of a proposed Change Order shall be requested by the Subcontractor about whether particular work is a change in the work described Change Order. There shall be no other monetary or time allowance, direct or indirect, to the Subcontractor other than what is specifically written in Section 2the Change Order, Subcontractor shall timely perform the disputed workincluding but not limited to, delays, suspensions, escalations, impact or other cost factors. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Ordinary field modifications which do not substantially increase Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it cost of this Subcontract will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, performed without any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationprice adjustment.

Appears in 1 contract

Samples: Master Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement Work as directed by Contractor in writing. Such change or written direction changes shall not invalidate this AgreementSubcontract. If necessary, the contract price stated in Section 3 Subcontract Price and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price Subcontract Price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction. Payment for changed work Work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work Work is a change in the work described in Section 2Work, or if Contractor and Subcontractor are unable to agree on an appropriate adjustment for changed Work, Subcontractor shall timely perform the disputed workWork, upon receiving written direction from Contractor. If Subcontractor intends to submit a claim for the disputed workWork, it shall give prompt written notice to Contractor before proceeding with the workWork. In addition, Subcontractor shall submit its written claim for additional compensation or extension of time to complete Subcontractor’s Scope of Work for that work Work within ten three (103) business days after such work Work is performed performed, in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s 's failure either to give the written notice before proceeding with the work disputed Work or to submit the written claim within three (3) business days after discovery of the ten (10) days facts and circumstances giving rise to the claim constitutes an agreement by it that it will not be paid for the disputed workWork. No change, alteration, or modification to or deviation from this AgreementSubcontract, the Contract Documents, prime contractPrime Contract, plans, or specifications, and addenda, whether made in the manner provided in this section Section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this AgreementSubcontract, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or the time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Subcontract arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.

Appears in 1 contract

Samples: www.sealsconstruction.com

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Changes in the Work. Subcontractor shall xxxxxx agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Contractor shall have the right at any time during the progress of the work to increase or decrease the Scope of the Work in the Subcontract. Promptly after being notified of a change by Contractor, Subcontractor shall make submit an itemized estimate of any and all cost increases or savings it foresees as a result of the change. It is expressly agreed that, except in an emergency endangering life or property, no additions or changes in to the work described in the Contract Documents shall be made except upon written order of Contractor, and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate be liable to Subcontractor for any extra labor, materials or equipment furnished without such written order. No officer, employee or agent of Contractor is authorized to direct any extra or changed work by verbal order. Nothing herein contained shall excuse Subcontractor from proceeding promptly with the prosecution of the work as ordered in writing by Contractor, and failure to do so shall constitute a breach of this AgreementSubcontract. If necessary, the contract price stated Subcontractor shall promptly perform changes ordered in Section 3 and the time for Subcontractor’s performance writing by Contractor. The Work Release Order Amount shall be adjusted in the manner as Contractor and Subcontractor shall mutually agree. A Change Order in the form attached as Exhibit I to the Subcontract Agreement shall be issued and executed promptly after an agreement is reached between Subcontractor and Contractor. In the event that Contractor and Subcontractor are unable to agree on the proper adjustment to the Subcontract Amount for a change, Subcontractor shall, nevertheless, promptly perform said change, and the Subcontract Amount shall be adjusted as follows: For changes initiated by appropriate additions Owner, Architect or deductions mutually agreed upon before Subcontractor performs their representative, the changed Subcontract Amount shall be adjusted only in the amount approved by Owner for the change less the amount of Contractor's markup on said work. Any statement herein to the contrary notwithstanding, in no event shall Contractor be liable to Subcontractor for an amount greater than the amount received by Contractor from Owner for such changes, less the amount of Contractor's markup on said work. For changes initiated by Contractor, not pursuant to a change by Owner or Architect, the Subcontract Amount shall supply Contractor with all documentation necessary to substantiate be adjusted only in the amount of the addition to increase or deduction from decrease of Subcontractor's direct labor, equipment, material and subcontract costs (without overhead or profit markups) as a result of the price or timechange (including allowance for labor burden costs) plus an agreed upon markup for overhead and profit. If Contractor and Subcontractor cannot agree on the amount of the addition initiates a substitution, deviation or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes change in the work described in Section 2 which affects the Scope of Work or in any way cause or allow that work causes expense to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written other contractors or otherwise, from Owner or any other person or entity. In additionsubcontractors, Subcontractor shall be liable for any the expenses thereof, including overhead and all losses, costs, expenses, damages, profit markups. Contractor shall have the right to conduct an audit of Subcontractor's books and liability records to verify the accuracy of any nature whatsoever Subcontractor's claim with respect to Subcontractor's costs associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the workScope of Work. In additionthe event that Subcontractor performs any work on a cost reimbursable basis, Subcontractor Contractor shall submit its written claim likewise have the right to conduct an audit of Subcontractor's books and records to verify the accuracy of Subcontractor's claimed costs. Dated: 01/19/17 Initialed for additional compensation Genoa Page 3 of 8 Initialed for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall hereby agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid or given a time extension for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim Any and all claims for the disputed work, it shall give prompt compensation or time extension require written notice to Contractor before proceeding with of the work. In additionnature and extent of the claim within five (5) days of the event giving rise to claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall submit its written claim for additional compensation for that work provide notification within ten (10) days after such work is performed in a sufficient detail for time to allow Contractor to make an evaluation of provide the merits of required notice to the claimOwner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed workor given a time extension. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall Contractor may at any time and without invalidating this Agreement, by written order and without notice to surety, make any and all changes in the work described herein contracted for consisting of additions, deletions or other revisions, and Subcontractor shall proceed with the work as directed. If said changes cause an increase or decrease in the Contract Documents and cost of performance or in the time required for performance an equitable adjustment shall be made when a request is timely made by Subcontractor, but only upon the written approval of Contractor. No extension to Subcontractor’s time of performance as a result of changed work shall be allowed under this Agreement as directed Subcontract unless authorized by Contractor in writing. Such change or written direction The value of the changed work requested by Subcontractor shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 include all costs for delay and the time for disruption to Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor not be entitled to any additional compensation for delay and disruption caused by the changed work unless such costs are requested and approved by Owner. In no event, shall Subcontractor be entitled to compensation for the collective impact of changed work. Nothing herein shall excuse Subcontractor from proceeding with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance prosecution of the work as changed changed. INSPECTION AND PROTECTION OF WORK: Subcontractor shall take necessary precautions to properly protect the work of Contractor and other subcontractors from damage caused by the written direction. Payment for changed work shall be made in accordance with Section 4operations under this Subcontract. Subcontractor shall not make any changes cooperate with Contractor and other subcontractors. Subcontractor shall participate in the work described preparation of coordinated drawings in Section 2 or in any way cause or allow areas of congestion specifically noting and advising Contractor of potential conflicts between the Work of Subcontractor and that work to deviate from of the Contract Documents without written direction from ContractorContractor and other subcontractors. If WARRANTIES: Subcontractor makes any changes in warrants and guarantees the work described and materials which he performs or furnishes under this Subcontract and agrees to make good, at its own expense, any defect in Section 2 without written direction materials or workmanship which may occur or develop prior to Contractor’s release from Contractorresponsibility by Owner. Subcontractor further agrees to assume, such change constitutes an agreement by Subcontractor that it will not as a direct obligation to Contractor and/or Owner, any guarantees or warranties which would otherwise be paid for that changed work, even if it received verbal direction from the responsibility of Contractor or any form other subcontractors, when such guarantees or warranties have been cancelled as a result of direction, written or otherwise, from Owner or any other person or entitySubcontractor’s operations in performance of this Agreement. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation Without limitation of the merits foregoing or other obligations of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid Subcontractor provided for the disputed work. No change, alteration, or modification to or deviation from this Agreement, in the Contract Documents, prime contractimmediately upon Contractor’s demand, plansSubcontractor, at its own expense, shall repair, replace, restore or rebuild, at Contractor’s option, any work in which defects in materials or workmanship may appear, or specificationswhich is otherwise not in conformance with the other warranties of Subcontractor hereunder, whether made in or to which damage may occur because of such defects or lack of conformance, within one (1) year or such longer period as required by the manner provided in this section specifications from the date of Owner’s and architect’s final acceptance of the Project. If Subcontractor fails to comply, Contractor may correct such defect or notlack of conformance, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementas the case may be, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationSubcontractor shall immediately reimburse Contractor thereof.

Appears in 1 contract

Samples: Subcontract Terms and Conditions

Changes in the Work. Subcontractor shall hereby agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described . Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviationchange .

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall xxxxxx agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described . Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviationchange .

Appears in 1 contract

Samples: Subcontract Agreement

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessaryany such written directive results in a material change in the scope of the work, the contract price stated in Section 3 2 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. No payment shall be made to Subcontractor greater than the contract amount unless an authorized change order has been issued by Contractor and executed by both Contractor and Subcontractor. Subcontractor shall not make any changes in the work described in Section 2 herein or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any unauthorized changes in the work described in Section 2 herein without written direction from Contractor, such change constitutes an agreement by Subcontractor understands and agrees that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, verbal, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, damages and liability of any nature whatsoever associated with or in any way arising out of any such unauthorized change it makes without written direction from including but not limited to any additional costs or expenses incurred by Contractor for increased work or expenses of other trades affected by the unauthorized work of Subcontractor. Nothing contained in this Agreement shall be construed to modify Contractor's right to eliminate any portion of the work which Contractor deems unnecessary for the completion of the work as a whole or to make such changes as Contractor may deem necessary. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the original scope of work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after receiving notice of such work is performed in work, with sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days after receiving notice of such work constitutes an agreement acknowledgement by it Subcontractor that it will not be paid for the disputed work, and a waiver of Subcontractor’s right to payment for said work. Subcontractor’s sole and exclusive responsibility for the performance of this Subcontract is to the Contractor, and it is agreed that all of Subcontractor’s dealings with the Owner’s authorized agent, the Owner, or any other parties named in the Contract Documents shall be through the Contractor. No changeclaims of any nature will be recognized, alterationnor shall Contractor be liable on account thereof, unless all matters pertaining to such claim have been directed through Contractor’s office. The Subcontractor further agrees that neither it, nor its representatives on the Project, shall make any agreement, written or oral, with the Owner’s authorized agent or with the Owner, or modification with representatives of either, pertaining to or deviation from any phase of the performance of this Agreement. In the event Contractor prosecutes a claim against Owner for additional compensation for extra work, delay or any other kind of claim relating to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the prosecution thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said claim is made by Contractor at the request of Subcontractor. In the event Subcontractor resists or declines to accept any claim, offset, or demand for credit asserted by Owner against Contractor which relates to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the defense thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said defense is made by Contractor at the request of Subcontractor. Contractor shall have the right to offset or deduct from any amount owing to Subcontractor, the Contract Documents, prime contract, planscost Contractor has incurred, or specifications, whether made in the manner provided in this section or not, reasonably anticipates it shall release or exonerateincur, in whole prosecuting a claim against Owner on behalf of Subcontractor, or in partdefending a claim asserted by Owner against Contractor which relates to Subcontractor’s work. This paragraph shall impose no obligation on Contractor to prosecute a claim against Owner on behalf of Subcontractor or defend against a claim asserted by Owner against Contractor relating to Subcontractor’s scope of work. Contractor and Subcontractor acknowledge that the cost and expense to prosecute or defend against the type of claims and liability referred to above can be significant. Moreover, the uncertainty of outcome or result can make proceeding to trial or arbitration of claims and/or liabilities referred to above an unreasonable risk for Contractor. Therefore, Subcontractor expressly acknowledges and agrees that Contractor shall have the right, at its sole discretion, to settle with Owner any bond claim, demand or liability arising out of, or in any surety on way connected with this Subcontract and Subcontractor shall be bound by the terms and conditions of any bond given such settlement to the same degree as Contractor. Subcontractor shall indemnify Contractor for the full amount of any settlement with Owner including attorneys’ fees, expert fees and expenses incurred in connection with this Agreement, and no notice is required to be given to such surety the defense or settlement of any such changeclaims. To assist in the documentation of any claim the Subcontractor may have, alterationContractor authorizes its Project Superintendent to sign extra work orders or similar documentation submitted by Subcontractor to Contractor relating to said claims provided, modificationhowever, that notwithstanding any language contained in the Subcontractor’s extra work orders or deviation.similar documentation to the contrary, such signature by Contractor’s Project Superintendent shall only represent the following:

Appears in 1 contract

Samples: cdn.cocodoc.com

Changes in the Work. Subcontractor shall SUBCONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CONTRACTOR may require without nullifying this Agreement, at a reasonable addition to, or reduction from the Contract Price stated herein, and pro-rata to the same. All clauses of this contract shall apply to any changes or extras in a like manner and to the same extent as though said changes or extras were incorporated herein. SUBCONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is authorized in writing. The decision of CONTRACTOR and the Owner’s Representative as to the true construction, meaning and intent of the Plans and Specifications shall be final and binding upon SUBCONTRACTOR. Under no conditions shall SUBCONTRACTOR make any changes, either as additions or deductions, without the written order of the, CONTRACTOR and CONTRACTOR shall not pay any extra charges made by the SUBCONTRACTOR that have not been agreed upon in writing by CONTRACTOR: and, in no event, shall CONTRACTOR make payment for any such extra charges unless and until the CONTRACTOR itself receives payment from OWNER. SUBCONTRACTOR shall submit immediately to the CONTRACTOR written copies of his firm’s cost of credit proposal for changes in the work. Disputed work described shall be performed as ordered in writing by the CONTRACTOR and the proper cost or credit breakdowns therefore shall be submitted without delay by SUBCONTRACTOR to CONTRACTOR. Notice of any damage or of any additional cost which SUBCONTRACTOR claims is the responsibility of OWNER, ARCHITECT, CONTRACTOR or of any other SUBCONTRACTOR shall be filed in writing by SUBCONTRACTOR at CONTRACTOR’S home office, at the address set forth in the Contract Documents first paragraph of this agreement, within three days from the commencement of any such alleged damage or additional cost and this Agreement as directed within fourteen days from such commencement, SUBCONTRACTOR shall file with CONTRACTOR an itemized written accounting of such damage or additional cost. Unless filed within those specified periods of time, CONTRACTOR shall have the right to consider the claim waived by Contractor in writing. Such change SUBCONTRACTOR without any further recourse to CONTRACTOR, its Surety or written direction shall not invalidate this Agreementagainst OWNER. If necessarythe SUBCONTRACTOR initiates a substitution, the contract price stated deviation or change in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance which affects the scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorexpense of other trades, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor SUBCONTRACTOR shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither OWNER nor CONTRACTOR shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Appears in 1 contract

Samples: Agreement

Changes in the Work. Subcontractor 12.1 Owner shall make have the right at any time during the progress of the Work, without invalidating the Contract, to change, increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless Owner has agreed in writing to a longer period of time), Construction Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Construction Contractor’s estimate shall include an analysis of impacts to cost and all changes in time, if any, to perform additional work, or delete Work, as applicable, including the work effects and impacts, if any, on unchanged Work, estimates of costs and Construction Contractor’s proposed methods to minimize costs, delay and disruption to the performance of the Work. If Construction Contractor fails to submit a written proposal or request additional time for submitting the proposal within the 14-day time period, it shall be presumed that the change described in Owner’s request for a proposed change will not result in a modification to the Contract Documents and this Agreement as Amount or Contract Time and, if directed by Owner in writing, the change shall be performed by Construction Contractor without additional compensation. Owner’s request for a proposed change does not authorize Construction Contractor to commence performance of the change, unless otherwise specified in writing. Such If Owner decides that the proposed change be performed, the Work shall be authorized according to Change Order or written direction shall not invalidate this AgreementConstruction Change Directive procedures set forth herein. If necessaryConstruction Contractor observes any circumstance that may, the contract price stated in Section 3 and the time for Subcontractor’s performance shall its opinion, be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described scope of the Work that justifies a change to the Contract Amount or Contract Time or Construction Contractor otherwise becomes aware of the need for or desirability of a change in Section 2the Work, Subcontractor then Construction Contractor may submit a written Change Order Request (“COR”) (to be followed by substantiating data), in a format acceptable to Owner, and must specify the reasons for such proposed change, including relevant circumstances and impacts on the schedule. Construction Contractor shall timely perform submit a written price proposal concurrently with the disputed workCOR. Contractor may request additional compensation and/or time through a COR but not for instances that Construction Contractor knew or reasonably should have known occurred more than fourteen (14) days prior to the date the COR is submitted. Construction Contractor’s failure to initiate a COR within such period shall be deemed a waiver of the right to adjustment of the Contract Amount or the Contract Time for the alleged change. Any such COR that is approved by Owner will be incorporated in a Change Order or Construction Change Directive. If Subcontractor intends to Owner determines that the Work in question is not a change in the scope of the Work and the COR is denied but Construction Contractor believes that it does have merit, the Contractor may submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding Claim in accordance with the workprocedures set forth herein. In additionExcept in an emergency endangering life or property, Subcontractor no addition or changes to the Work shall submit its be made except upon written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation order of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will Owner, and Owner shall not be paid liable to Construction Contractor for any increased compensation or adjustment to the disputed workContract Time without such written order. No changeAccordingly, alterationno course of conduct or dealings between the parties, nor express or modification implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or deviation from this Agreementaddition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be a basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. No officer, prime contractemployee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order, plansin the form attached as Exhibit H to the Agreement, or specificationsshall be prepared by Construction Contractor, whether made reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Contractor and Owner concerning requested changes. Construction Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner provided in this section or not, as Owner and Construction Contractor shall release or exonerate, in whole or in part, any bond or any surety mutually agree. Agreement on any bond given Change Order shall constitute a final settlement of all matters relating to the change in connection the Work that is the subject of the Change Order, including all direct and indirect costs associated with this Agreement, such change and no notice is required any and all adjustments to be given to such surety of any such change, alteration, modification, or deviationthe Contract Amount and the Contract Time.

Appears in 1 contract

Samples: Construction Management Contract

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