Common use of OMITTED WORK Clause in Contracts

OMITTED WORK. 53.1. If any Contract Work in a lump sum Contract, or if any part of a lump sum item in a unit price, lump sum, or percentage-bid Contract is omitted by the Commissioner pursuant to Article 55, the Contract price, subject to audit by the EAO, shall be reduced by a pro rata portion of the lump sum bid amount based upon the percent of Work omitted subject to Article 53.4. 53.2. If the whole of a lump sum item or units of any other item is so omitted by the Commissioner in a unit price, lump sum, or percentage-bid Contract, then no payment will be made therefor except as provided in Article 53.4. 53.3. For units that have been ordered but are only partially completed, the unit price shall be reduced by a pro rata portion of the unit price bid based upon the percentage of Work omitted subject to Article 53.4. 53.4. In the event the Contractor, with respect to any omitted Work, has purchased any non- cancelable material and/or equipment that is not capable of use except in the performance of this Contract and has been specifically fabricated for the sole purpose of this Contract, but not yet incorporated into the Work, the Contractor shall be paid for such material and/or equipment in accordance with Article 82; provided, however, such payment is contingent upon the Contractor’s delivery of such material and/or equipment in acceptable condition to a location designated by the City. 53.5. The Contractor agrees to make no claim for damages or for loss of overhead and profit with regard to any omitted Work.

OMITTED WORK. 53.162.1. If any Contract Work in a lump sum Contract, or if any part of a lump sum item in a unit price, lump sum, or percentage-bid Contract is omitted by the Commissioner pursuant to Article 5566, the Contract price, subject to audit by the EAO, shall be reduced by a pro rata portion of the lump sum bid amount based upon the percent of Work omitted subject to Article 53.462.4. 53.262.2. If the whole of a lump sum item or units of any other item is so omitted by the Commissioner in a unit price, lump sum, or percentage-bid Contract, then no payment will be made therefor except as provided in Article 53.462.4. 53.362.3. For units that have been ordered but are only partially completed, the unit price shall be reduced by a pro rata portion of the unit price bid based upon the percentage of Work omitted subject to Article 53.462.4. 53.462.4. In the event the Contractor, with respect to any omitted Work, has purchased any non- cancelable material and/or equipment that is not capable of use except in the performance of this Contract and has been specifically fabricated for the sole purpose of this Contract, but not yet incorporated into the Work, the Contractor shall be paid for such material and/or equipment in accordance with Article 8297.2.1.2; provided, however, such payment is contingent upon the Contractor’s delivery of such material and/or equipment in acceptable condition to a location designated by the City. 53.562.5. The Contractor agrees to make no claim for damages or for loss of overhead and profit with regard to any omitted Work.