Constructive changes Sample Clauses
A constructive changes clause defines situations where a contract is modified not through formal written amendments, but by the actions or directions of one party—typically the owner or client—that effectively alter the contractor’s scope of work. For example, if the owner issues instructions or approvals that require the contractor to perform additional tasks or change methods, even without a formal change order, this clause allows the contractor to seek an adjustment in price or schedule. Its core function is to ensure that contractors are fairly compensated for extra work resulting from informal or indirect changes, thereby preventing disputes over unauthorized modifications and maintaining project clarity.
Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment;; and administers how the services on Customer’s IT infrastructure are performed;;
Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) LogRhythm may undertake a course of action under this engagement which was unforeseen at the time the PSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing LogRhythm’s manner, method, or scope of work, increases LogRhythm’s cost or schedule to perform; (c) should LogRhythm’s cost or schedule to perform so increase, LogRhythm shall have the right to an equitable adjustment to the price, schedule, and/or terms of the PSA for such changes even if these changes have not been submitted through the Project Change Process set forth in Section 4.
Constructive changes. 7.3.1 To the extent that Contractor: (i) receives a written or verbal direction or proceeding from UTA that Contractor believes to constitute a material change to the nature, character or schedule of the Work; and/or (ii) becomes aware of any circumstance or condition that expressly provides Contractor a right to a Change Order under the terms of the Contract Documents, then (in either case) Contractor shall deliver to UTA’s Project Manager written notice (hereinafter a “Potential Change Notice”) within ten (10) Days after Contractor becomes aware of (or should have reasonably become aware) the facts and circumstances which Contractor believes to give rise to a Change Order.
Constructive changes. Swimlane and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) Swimlane may undertake a course of action under this engagement which was unforeseen at the time the ICSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing Swimlane’s
Constructive changes. Contractor shall promptly notify Owner if it believes any written instruction by Owner (a "Constructive Change") entitles Contractor to an equitable adjustment of the Contract Price or the Contract Summary Schedule, Contract Detailed Schedule, Schedule of Values, Guaranteed Substantial Completion Dates, Early Completion Dates (subject to the limitations set forth in Section 10.1.3), or Guaranteed Final Completion Date, which notice shall be accompanied by a statement of the basis for its belief and supporting documentation therefor, including a Change Order Request relating to such potential Constructive Change.
Constructive changes. − Any written order (including instruction, interpretation, determination, authorization or approval) from the Owner or Professional that causes a change in the Contract Documents shall constitute a change in the Work, provided the Contractor or the Owner gives prompt, written notice of a change to the other (with copy to the Professional) stating the date, circumstances and source of the change.
10.1.3.1. Upon receipt and evaluation of the written notice, if the Owner agrees, with the Professional’s advice, that a change within the general scope of the Work has been ordered, the Owner shall, by Change Order or Change Authorization, correspondingly amend the Contract Documents. If the Owner finds that a change within the general scope of the Work has not been ordered, and the Contractor disagrees, the Contractor may deliver notice of a claim and a claim Submittal in accordance with the procedures and within the deadlines set forth in Article 15.
10.1.3.2. No proposal or claim by the Contractor on account of changes under paragraphs 3.2.1, 10.1.3 or any other matter for which Contractor asserts added cost or time shall be allowed unless initiated by written notice of such proposal or claim to the Professional and Owner within 21 days after the occurrence of the event giving rise to such proposal or claim or within 21 days after the contractor first recognizes the condition giving rise to the proposal or claim. A full and detailed breakdown of cost and time requested, with supporting documentation, if not provided with initial notice shall be delivered to Professional and Owner within 15 days of the notice, as noted in article 11.1.2, unless otherwise agreed in writing, by the Owner prior to expiriation of such time.
Constructive changes. LogRhythm and Customer agree that: (a) Customer has knowledge of and control over the conditions and constraints of Customer’s facilities, and IT environment; and administers how the services on Customer’s IT infrastructure are performed; (b) LogRhythm may undertake a course of action under this engagement which was unforeseen at the time the PSA was executed but is necessary, arises from a latent or unusual condition, is at the direction of the Customer, or results from an act of omission of the Customer and, by changing LogRhythm’s LogRhythm, Inc. - Confidential 13 manner, method, or scope of work, increases LogRhythm’s cost or schedule to perform; (c) should LogRhythm’s cost or schedule to perform so increase, LogRhythm shall have the right to an equitable adjustment to the price, schedule, and/or terms of the PSA for such changes even if these changes have not been submitted through the Project Change Process set forth in Section 4.
Constructive changes. Disputes with Respect to Changes............................................................. 43 7.6