Developer Determination Clause Samples
The Developer Determination clause establishes a process by which the developer has the authority to make certain decisions or resolve disputes related to the project. Typically, this clause outlines the scope of issues the developer can determine, such as technical specifications, design changes, or compliance with project requirements, and may set out procedures for notifying other parties of such determinations. Its core practical function is to streamline decision-making and prevent project delays by granting the developer a defined role in resolving specific matters, thereby reducing the risk of prolonged disputes or uncertainty.
Developer Determination. Within 30 days after receipt of TxDOT’s evaluation, Developer shall provide written notice of Developer’s intent to proceed or not to proceed with the change. If Developer elects to proceed with the change and accepts TxDOT’s evaluation, Developer shall prepare a Change Order for execution. If Developer elects to proceed with the Change Order but does not accept the evaluation in total, Developer shall negotiate a mutually acceptable Change Order with TxDOT or issue a Change Directive where permitted under Section 17(a).