Common use of Proposed Change Orders Clause in Contracts

Proposed Change Orders. (“PCO’s”). Subject to the provisions of ¶ VIII(C), upon Design-Builder’s receipt of an ITC, ASK, UGAA-issued PCO, an answer to an RFI, any modification or other direction by UGAA that could be perceived by Design-Builder as a change, or when Design-Builder discovers (or should with diligence discover) any other event, force majeure occurrence, circumstance, or differing site condition that will, or is likely to, in Design-Builder’s judgment, result in a change of Scope of Work (or change in Scope of Design Services) that materially increases Design-Builder’s costs or time to perform, or will otherwise impact GMP, Contract Time, or the Project Schedule (“triggering event”), Design-Builder shall, before performing the changed Work or Design Services involved, and in no case more than seven days after the triggering event, deliver to the ADR a detailed PCO (in substantially the same form as the Change Order supplied in Supplement B2, or in another form acceptable to the ADR, with content as required therein). Design-Builder’s timely satisfaction of the foregoing requirement to provide a detailed PCO is a condition precedent to any obligation of UGAA to pay for changed Work or Services. Absence of timely submittal of a PCO shall indicate that Design-Builder waives compensation and claims related to or arising out of the subject of the triggering event; and, thereafter, Design-Builder shall perform the Work according to those ITC’s (where signed by the ADR), ASK’s, UGAA-issued PCO, and answers to RFI’s, with subsequent Project and Completion Schedules modified accordingly. Mere receipt of a PCO shall not be construed as approval by UGAA of contents or assertions contained in the PCO – or any agreement on the part of UGAA that the proposal in any way justifies a Change Order.

Appears in 2 contracts

Samples: s3.us-east-2.amazonaws.com, s3.us-east-2.amazonaws.com

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Proposed Change Orders. (“PCO’s”). Subject to the provisions of ¶ VIII(C), upon Design-BuilderContractor’s receipt of an ITC, ASK, UGAA-issued PCO, an answer to an RFI, any modification or other direction by UGAA or Design Professional that could be perceived by Design-Builder Contractor as a change, or when Design-Builder Contractor discovers (or should with diligence discover) any other event, force majeure occurrence, circumstance, or differing site condition that will, or is likely to, in Design-BuilderContractor’s judgment, result in a change of Scope of Work (or change in Scope of Design Services) that materially increases Design-BuilderContractor’s costs or time to perform, or will otherwise impact GMPContract Price, Contract Time, or the Project Schedule (“triggering event”), Design-Builder Contractor shall, before performing the changed Work or Design Services involved, and in no case more than seven days after the triggering event, deliver to the ADR (and concurrently to Design Professional) a detailed PCO (in substantially the same form as the Change Order supplied in Supplement B2B, or in another form acceptable to the ADR, with content as required therein). Design-Builder’s timely satisfaction of the foregoing requirement to provide a detailed PCO is a condition precedent to any obligation of UGAA to pay for changed Work or Services. Absence of timely submittal of a PCO shall indicate that Design-Builder Contractor waives compensation and claims related to or arising out of the subject of the triggering event; and, thereafter, Design-Builder Contractor shall perform the Work according to those ITC’s (where signed by the ADR), ASK’s, UGAA-issued PCO, and answers to RFI’s, with subsequent Project and Completion Schedules modified accordingly. Mere receipt of a PCO shall not be construed as approval by UGAA of contents or assertions contained in the PCO – or any agreement on the part of UGAA that the proposal in any way justifies a Change Order.

Appears in 1 contract

Samples: Form of Agreement

Proposed Change Orders. (“PCO’s”). Subject to the provisions of ¶ VIII(C), upon Design-Builder’s receipt of an ITC, ASK, UGAA-issued PCO, an answer to an RFI, any modification or other direction by UGAA that could be perceived by Design-Builder as a change, or when Design-Builder discovers (or should with diligence discover) any other event, force majeure occurrence, circumstance, or differing site condition that will, or is likely to, in Design-Builder’s judgment, result in a change of Scope of Work (or change in Scope of Design Services) that materially increases Design-Builder’s costs or time to perform, or will otherwise impact GMP, Contract Time, or the Project Schedule (“triggering event”), Design-Builder shall, before performing the changed Work or Design Services involved, and in no case more than seven days after the triggering event, deliver to the ADR a detailed PCO (in substantially the same form as the Change Order supplied in Supplement B2, or in another form acceptable to the ADR, with content as required therein). Design-Builder’s timely satisfaction of the foregoing requirement to provide a detailed PCO is a condition precedent to any obligation of UGAA to pay for changed Work or Services. Absence of timely submittal of a PCO shall indicate that Design-Builder waives compensation and claims related to or arising out of the subject of the triggering event; and, thereafter, Design-Builder shall perform the Work according to those ITC’s (where signed by the ADR), ASK’s, UGAA-issued PCO, and answers to RFI’s, with subsequent Project and Completion Schedules modified accordingly. Mere receipt of a PCO shall not be construed as approval by UGAA of contents or assertions contained in the PCO – or any agreement on the part of UGAA that the proposal in any way justifies a Change Order.

Appears in 1 contract

Samples: s3.us-east-2.amazonaws.com

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Proposed Change Orders. (“PCO’s”). Subject to the provisions of ¶ VIII(C), upon Design-BuilderCM’s receipt of an ITC, ASK, UGAA-issued PCO, an answer to an RFI, any modification or other direction by UGAA or Design Professional that could be perceived by Design-Builder CM as a change, or when Design-Builder CM discovers (or should with diligence discover) any other event, force majeure occurrence, circumstance, or differing site condition that will, or is likely to, in Design-BuilderCM’s judgment, result in a change of Scope of Work (or change in Scope of Design Services) that materially increases Design-BuilderCM’s costs or time to perform, or will otherwise impact GMP, Contract Time, or the Project Schedule (“triggering event”), Design-Builder CM shall, before performing the changed Work or Design Services involved, and in no case more than seven days after the triggering event, deliver to the ADR (and concurrently to Design Professional) a detailed PCO (in substantially the same form as the Change Order supplied in Supplement B2, or in another form acceptable to the ADR, with content as required therein). Design-Builder’s timely satisfaction of the foregoing requirement to provide a detailed PCO is a condition precedent to any obligation of UGAA to pay for changed Work or Services. Absence of timely submittal of a PCO shall indicate that Design-Builder CM waives compensation and claims related to or arising out of the subject of the triggering event; and, thereafter, Design-Builder CM shall perform the Work according to those ITC’s (where signed by the ADR), ASK’s, UGAA-issued PCO, and answers to RFI’s, with subsequent Project and Completion Schedules modified accordingly. Mere receipt of a PCO shall not be construed as approval by UGAA of contents or assertions contained in the PCO – or any agreement on the part of UGAA that the proposal in any way justifies a Change Order.

Appears in 1 contract

Samples: Form of Agreement

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