Material Difference Clause Samples

The Material Difference clause defines what constitutes a significant or substantial change between two items, documents, or circumstances within a contract. In practice, this clause is used to set a threshold for when a difference is considered important enough to trigger certain rights or obligations, such as renegotiation, termination, or notification requirements. By clearly outlining what qualifies as a material difference, the clause helps prevent disputes over minor or insignificant variations, ensuring that only meaningful changes have contractual consequences.
Material Difference. Defined in Section 20.02.
Material Difference. The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’S cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Project Documents. In the event a dispute arises between the DISTRICT and the CONTRACTOR, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Project Documents, but shall proceed with all the work to be performed under the Project Documents. The CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.