Extra Work Orders Clause Samples

Extra Work Orders. No Extra Work shall be performed except pursuant to a Change Order of LMDC expressly and unmistakably indicating LMDC's intention to treat the Work described therein as Extra Work, subject to the next paragraph. If Contractor is of the opinion that any Work ordered to be done as Work pursuant to the Contract Documents is instead Extra Work ("Disputed Work"), Contractor shall nevertheless comply with such order, but shall within 72 hours give written notice thereof to LMDC, stating why Contractor deems it to be Extra Work, and shall moreover furnish to LMDC time slips and memoranda as required by Article 7 hereof. Said notice, time slips and memoranda are for the purpose of affording to LMDC an opportunity to verify Contractor's claim at the time and (if Contractor desires so to do) to cancel promptly such order, direction or requirement, of affording to LMDC an opportunity of keeping an accurate record of the materials, labor and other items involved, and generally of affording to LMDC an opportunity to take such action as it may deem desirable in light of Contractor's claims. Accordingly, the failure of Contractor to serve such notice or to furnish such time slips and memoranda shall be deemed to be a conclusive and binding determination on Contractor's part that the direction, order or requirement does not involve the performance of Extra Work, and shall be deemed to be a waiver by Contractor of all claims for additional compensation or damages by reason thereof, such written notice, time slips and memoranda being a condition precedent to such claims. For any Extra Work that is not Disputed Work, Contractor shall not be obligated to perform such Extra Work prior to Contractor's receipt of a written order from LMDC in accordance with the provisions of this Article 22. Contractor shall not stop Work by reason of any dispute as to whether or not a particular task is Extra Work.