Common use of Escalation for General Conditions Clause in Contracts

Escalation for General Conditions. If, and only if, Judicial Council delays the issuance of a Notice to Proceed, and such delay constitutes a Compensable Delay as set forth in these General Conditions, will Design Build Entity be entitled to additional payment for escalation of Design Build Entity’s General Conditions. Design Build Entity must demonstrate to the reasonable satisfaction of Judicial Council that specific, individual costs in Design Build Entity’s General Conditions have increased, and that those increases correspond to the change in the current Consumer Price Index of the Bureau of Labor Statistic (Construction) applicable to the geographic area in which the Project is located for the time period in which the delay occurred. Design Build Entity shall only be entitled to the pro-rata difference between: (i) the price of each specific, individual costs of Design Build Entity’s General Conditions that Design Build Entity demonstrated have escalated during the delay period; and (ii) the costs when the Parties initially established the GMP. Any additional compensation hereunder shall be conditioned upon Design Build Entity’s compliance with the “Changes in the Work”, “Contract Time”, and, if applicable, “Claims Resolution” provisions of these General Conditions.

Appears in 2 contracts

Samples: Agreement, Agreement

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Escalation for General Conditions. If, and only if, Judicial Council delays the issuance of a Notice to Proceed, and such delay constitutes a Compensable Delay as set forth in these General Conditions, will Design Build Entity be entitled to additional payment for escalation of Design Build Entity’s General Conditions. Design Build Entity must demonstrate to the reasonable satisfaction of Judicial Council that specific, individual costs in Design Build Entity’s General Conditions have increased, and that those increases correspond to the change in the current Consumer Price Index of the Bureau of Labor Statistic (Construction) applicable to the geographic area in which the Project is located for the time period in which the delay occurred. Design Build Entity shall only be entitled to the pro-rata difference between: (i) the price of each specific, individual costs of Design Build Entity’s General Conditions that Design Build Entity demonstrated have escalated during the delay period; and (ii) the costs when the Parties initially established the GMP. .. Any additional compensation hereunder shall be conditioned upon Design Build Entity’s compliance with the “Changes in the Work”, “Contract Time”, and, if applicable, “Claims Resolution” provisions of these General Conditions.

Appears in 1 contract

Samples: Build Services Coversheet Agreement

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Escalation for General Conditions. If, and only if, Judicial Council delays the issuance of a Notice to Proceed, and such delay constitutes a Compensable Delay as set forth in these General Conditions, will Design Build Entity be entitled to additional payment for escalation of Design Build Entity’s General Conditions. Design Build Entity must demonstrate demonstrate, to the reasonable satisfaction of Judicial Council Council, that specific, individual costs in Design Build Entity’s General Conditions have increased, and that those increases correspond to the change in the current Consumer Price Index of the Bureau of Labor Statistic (Construction) applicable to the geographic area in which the Project is located located, for the time period in which the delay occurred. Design Build Entity shall only be entitled to the pro-rata difference between: (i) the price of each specific, individual costs cost of Design Build Entity’s General Conditions that Design Build Entity demonstrated have has escalated during the delay period; and (ii) the costs when the Parties initially established the GMP. Any additional compensation hereunder shall be conditioned upon Design Build Entity’s compliance with the “Changes in the Work”, ” and “Contract Time”, ,” and, if applicable, the “Claims Resolution” provisions of these General Conditions.

Appears in 1 contract

Samples: Agreement

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