Common use of Disputed Changes Clause in Contracts

Disputed Changes. CUSTOMER and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, CUSTOMER shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 43 and have the right to such further appeal as is provided in M.G.L. c.30, § 39Q only after exhausting the remedies provided for in Section 43. If the CONTRACTOR shall exercise its rights to appeal the decision of CUSTOMER as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 41 of this Contract.

Disputed Changes. CUSTOMER and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, CUSTOMER shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 43 42 and have the right to such further appeal as is provided in M.G.L. c.30, § §39Q only after exhausting the remedies provided for in Section 4342. If the CONTRACTOR shall exercise its rights to appeal the decision of CUSTOMER as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 41 42 of this Contract. .