Mandatory Change Order Clause Samples
A Mandatory Change Order clause requires the parties to implement changes to the scope of work or contract terms when certain conditions are met, typically at the direction of one party, such as the owner or client. In practice, this clause obligates the contractor or service provider to proceed with modifications—such as design adjustments, material substitutions, or schedule changes—once formally instructed, even if the parties have not yet agreed on the price or time adjustments. The core function of this clause is to ensure that necessary changes are not delayed by negotiations, thereby keeping the project on track and addressing unforeseen requirements efficiently.
Mandatory Change Order. Contractor shall be entitled to an adjustment in the Contract Price in the event of an Owner-Caused Delay and an adjustment in the Construction Schedule (including to any Guaranteed Dates) as set forth below upon the occurrence of any of the following events: (a) an Owner-Caused Delay or (b) a Force Majeure Event, in each case as and only to the extent permitted by Article 10. Contractor shall only be entitled to a Change Order if and to the extent it can demonstrate that the occurrence of a preceding event had an actual and demonstrable adverse impact (i) on Contractor’s Direct Costs or (ii) when taken together with all other delays caused by the events described in (a) and (b) above of which Contractor has timely provided notice to Owner in accordance with this Agreement, on Contractor’s ability to perform any Contractor Critical Path Item necessary for the achievement of any Guaranteed Date and, in such event, the Contractor Critical Path Items shall be correspondingly extended by the period of time (if any) that Contractor is actually and demonstrably delayed in the performance of such Contractor Critical Path Item as a result of the impact of such event (such period, the “Actual Delay”).
Mandatory Change Order. Contractor shall be entitled to an adjustment in the Contract Price as set forth in this Agreement and an adjustment in the Construction Schedule (including to any Guaranteed Block Substantial Completion Date, Guaranteed Facility Substantial Completion Date or Guaranteed Final Completion Date) as set forth below upon the occurrence of any of the following events: ***.
Mandatory Change Order. Contractor shall be entitled to an adjustment in the Contract Price as set forth in this Agreement and an adjustment in the Construction Schedule (including to any Guaranteed Block Substantial Completion Date, Guaranteed Facility Substantial Completion Date or Guaranteed Final Completion Date) as set forth below upon the occurrence of any of the following events: (a) an Excusable Event (*** to the extent permitted by ***); (b) suspension of the Work pursuant to Section 19.3; (c) resumption of the Work after a suspension, in accordance with Section 19.4; (d) subject to Section 11.4(c) hereof, Change in Law; (e) Change in Project Agreement; (f) an Emergency (*** caused by an ***); (g) a Force Majeure Event (*** to the extent permitted by ***); or (h) Owner has failed to comply with its obligations under Section 3.33(e). Contractor shall only be entitled to a Change Order if and to the extent it can demonstrate that the *** of a *** had an *** and *** (i) on the Contract Price or (ii) when taken together with all *** caused by the events described in *** through *** which Contractor has timely provided notice to Owner in accordance with this Agreement, on Contractor's ability to perform any *** necessary for the achievement of any guaranteed date and in such event the *** shall be correspondingly extended by the period of time (if any) that Contractor is *** and *** in the performance of such *** as a result of the impact of such event. Contractor shall not be entitled to any change in the Contract Price due to a Force Majeure Event. IT IS A CONDITION TO CONTRACTOR'S RIGHT TO RECEIVE AN EXTENSION OF TIME, AN INCREASE TO THE CONTRACT PRICE AND OTHER ADJUSTMENTS TO THE CONTRACT AND A CHANGE ORDER AS PROVIDED IN SECTION 10.3 THAT CONTRACTOR PROVIDE NOTICE TO OWNER WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3; IN THE EVENT CONTRACTOR DOES NOT PROVIDE NOTICE WITHIN TEN (10) BUSINESS DAYS OF THE DATE CONTRACTOR BECAME AWARE OF THE FACTS OR CIRCUMSTANCES THAT PERMIT CONTRACTOR TO SEEK A CHANGE ORDER UNDER SECTION 10.3, CONTRACTOR SHALL NOT BE ENTITLED TO A CHANGE ORDER UNDER THIS ARTICLE 10 OR ANY OTHER RELIEF HEREUNDER.
Mandatory Change Order. Pursuant to and to the extent specified in the provisions of this clause 15.3 (Mandatory Changes), the Contracting Entity shall issue a Change Order for a Mandatory Change within thirty (30) Days of the later of:
15.3.4.1 receipt from the Supplier of the Mandatory Change Notice (together with supporting documentation and evidence to the Contracting Entity's satisfaction) in respect of the Mandatory Change Event; and
15.3.4.2 the date of agreement of the matters described in clause 15.4 (Changes in Law) and/or 15.5 (Compensation Events) (if applicable).