Owner’s Directive Clause Samples
The Owner’s Directive clause grants the owner the authority to issue instructions or directions to the contractor regarding the execution of the work. In practice, this means the owner can require changes, clarifications, or specific methods to be followed during the project, and the contractor is typically obligated to comply with these directives, provided they are within the scope of the contract. This clause ensures that the owner maintains control over the project's progress and quality, allowing for adjustments as needed to address unforeseen issues or to meet project objectives.
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Owner’s Directive. When Owner issues an Owner’s Directive, Prime Consultant and General Contractor must separately track their Chargeable Costs incurred in complying with the Owner’s Directive and indicate on the applicable payment application(s) which Chargeable Costs are for a particular Owner’s Directive.
Owner’s Directive. In the event (i) Owner requests a Change under Section 6.3, and (ii) Owner and Construction Manager are unable to agree in a timely manner with respect to a Construction Manager Estimate, and (iii) the Change is not technically impossible or illegal to implement, and (iv) Owner has determined that it is in the best interests of the Project to implement the Change, then Owner may direct Construction Manager in a written notice to proceed in accordance with the Change (an “Owner Directive”), prior to determining any adjustment to the Scope of Work (and, if applicable, any proposed change to the Estimated Contract Price or the Project Schedule) and Construction Manager shall proceed with the Work in accordance with such Owner Directive. In the event that Owner issues an Owner Directive with respect to the Project, then Construction Manager may modify the Estimated Contract Price and/or the Project Schedule to the extent appropriate, as follows:
(a) To the extent the Change requested in an Owner Directive would cause the Contract Price to exceed the Estimated Contract Price due to an increase in Construction Manager’s Costs for additional Work or materials, then the Estimated Contract Price may be adjusted upward by an amount equal to the Costs attributable to the Change (plus the Management Fee associated with such Costs).
(b) To the extent the Change requested in an Owner Directive adversely affects Construction Manager’s ability to complete the Project in accordance with the Project Schedule, and such effect could not be avoided or mitigated by Construction Manager’s reasonable efforts, then Construction Manager may be entitled to an equitable adjustment of the Project Schedule on a Day-for-Day basis (or part thereof) for the impact of such Change on Construction Manager’s performance of the Work.
Owner’s Directive. When Owner issues an Owner’s Directive, Architect and Contractor must separately track their Chargeable Costs incurred in complying with the Owner’s Directive and indicate on the applicable payment application(s) which Chargeable Costs are for a particular Owner’s Directive.
Owner’s Directive. In the event Owner and Construction Manager are unable to agree with respect to a Construction Manager Estimate and the change in the Work described in the Change Notice is not technically impossible or illegal to implement and Owner has determined that it is in the best interests of the Casino Hotel to implement the proposed change, then Owner may direct Construction Manager in a written notice to proceed in accordance with the proposed change (an “Owner Directive”) and Construction Manager shall perform the Work as modified by the Owner Directive. In the event that Owner issues an Owner Directive, then Construction Manager may modify the Guaranteed Maximum Price and/or the Guaranteed Completion Date to the extent appropriate, as follows: