Common use of Deductive Change Orders Clause in Contracts

Deductive Change Orders. Deductive Change Orders shall be calculated based on the documented reduced cost(s) attributable to the changed Work, provided, however, Contractor’s Construction Phase Services Fee, Contractor’s Construction Supervision Compensation and Contractor’s General Conditions Compensation shall not be modified due to deductive changes in the Work, except in the case of substantial inequity to DFCM, and Contractor’s Direct Self-Performed Work Mark-up and the mark-ups identified in Sections 7.4.2.3 shall not be reduced for deductive changes in the Work, except in the case of substantial inequity to DFCM. 5.10 In Section 12.1.2, delete everything after the phase “payment” at line 3 and substitute the following: “on a percentage of completion basis, the portion of the Contract Price attributable to Work properly completed as of the date of termination, but Contractor shall in no event be entitled to recover consequential damages as a result of such termination, or any portion of the Contract Price on the Work not executed.” 5.11 Delete Section 12.3.5.1.1 in its entirety and substitute the following: “The portion of the Contract Price, on a percentage of completion basis, attributable to Work properly performed as of the date of termination;” 5.12 Delete Section 12.3.5.1.3 in its entirety and renumber Section 12.3.5.1.4 as Section 12.3.5.1.1.3 and Section 12.3.5.1.5 as 12.3.5.1.4.

Deductive Change Orders. Deductive Change Orders shall be calculated based on the documented reduced cost(s) attributable to the changed Work, provided, however, Contractor’s Construction Phase Services Fee, Contractor’s Construction Supervision Compensation and Contractor’s Fixed General Conditions Compensation shall not be modified due to deductive changes in the Work, except in the case of substantial inequity to DFCM, and Contractor’s Additional General Conditions ▇▇▇▇-up, Contractor’s Direct Self-Performed Work Mark-up ▇▇▇▇-up and the mark-ups ▇▇▇▇-ups identified in Sections 7.4.2.3 shall not be reduced for deductive changes in the Work, except in the case of substantial inequity to DFCM. 5.10 In Section 12.1.2, delete everything after the phase “payment” at line 3 and substitute the following: “on a percentage of completion basis, the portion of the Contract Price attributable to Work properly completed as of the date of termination, but Contractor shall in no event be entitled to recover consequential damages as a result of such termination, or any portion of the Contract Price on the Work not executed.” 5.11 Delete Section 12.3.5.1.1 in its entirety and substitute the following: “The portion of the Contract Price, on a percentage of completion basis, attributable to Work properly performed as of the date of termination;” 5.12 Delete Section 12.3.5.1.3 in its entirety and renumber Section 12.3.5.1.4 as Section 12.3.5.1.1.3 and Section 12.3.5.1.5 as 12.3.5.1.4.