Common use of Proposed Change Orders Clause in Contracts

Proposed Change Orders. The Design Professional, with approval of the University, shall issue to the Contractor a cost request Bulletin for a proposed change order describing the intended change and shall require the Contractor to indicate thereon a proposed amount to be added to or subtracted from the Contract Sum due to the change supported by a detailed estimate of cost. Upon request by the University, the Contractor shall permit inspection of the original Contract estimate, subcontract agreements, or purchase orders relating to the change. Any request for adjustment in Contract Time which is directly attributable to the changed Work shall be included with substantiating detailed explanation by the Contractor in its response to the cost request bulletin. Failure by Contractor to request adjustment of Contract Time in the response to the cost request Bulletin shall waive any right to subsequently claim an adjustment of the Contract Time based on the changed Work. The Contractor shall submit the response to the cost request Bulletin with detailed estimates and any time extension request thereon to the Design Professional and the University’s Representative within ten (10) calendar days after issuance of the cost request bulletin. Upon its submission the Design Professional will review it and advise the University who will make the decision. If the Contractor fails to submit the response within the required ten (10) calendar days, and the Contractor has not obtained the Design Professional’s and the University’s permission for a delay in submission, the University may order the Contractor in writing to begin the Work immediately, and the Contract Sum shall be adjusted in accordance with the University’s estimate of cost. In that event, the Contractor, within fifteen days following completion of the changed Work, may present information to the University that the University’s estimate was in error; the University, in its sole discretion, may adjust the Contract Sum. The Contractor must keep and submit to the University time and materials records verified by the University to substantiate its costs. The University may require the Contractor to proceed immediately with the changed Work in accordance with section 4.02.4, “Failure to Agree as to Cost” or section 4.02.6 “Emergency Changes.” When the University and the Contractor agree on the amount to be added to or deducted from the Contract Sum and the time to be added to or deducted from the Contract Time and an Impact Report or a Contract Change Order is signed by the University and the Contractor, the Contractor shall proceed with the changed Work. If agreement is reached as to the adjustment in compensation for the performance of changed Work but agreement is not reached as to the time adjustment for such Work, the Contractor shall proceed with the Work at the agreed price, reserving the right to further pursue its Claim for a time adjustment. Any costs incurred to acquire information relative to a proposed Change Order shall not be borne by the University.

Proposed Change Orders. The Design Professional, with approval of the University, Trustees shall issue to the Contractor Licensee a cost request Bulletin bulletin via the Construction Administrator, or a field instruction via the Project Manager/Construction Inspector, hereinafter called the cost request bulletin, for a proposed change order describing the intended change change, and shall require the Contractor Licensee to indicate thereon respond with a proposed amount to be the Contract Price or, in the case of sequential Change Orders added to or subtracted from the Contract Sum price due to the change supported by a detailed estimate of costcost (hereinafter called a change order request). Upon request by the UniversityTrustees, the Contractor Licensee shall permit inspection of the original Contract estimate, subcontract agreements, or purchase orders relating to the change. Any request for adjustment in Contract Time time of final completion of the Project which is directly attributable to the changed Work shall also be included included, with substantiating detailed explanation explanation, by the Contractor Licensee in its response to the cost request bulletin. Failure by Contractor Licensee’s failure to request adjustment of Contract Time in time on the response to the cost change order request Bulletin shall waive any right to subsequently claim an adjustment of the Contract Time time for final completion based on the changed Work. The Contractor Licensee shall submit the response to the cost change order request Bulletin with detailed estimates and any time extension request thereon to the Design Professional Trustees and to the University’s Representative Project Manager/Construction Inspector within ten fifteen (1015) calendar days Days after issuance of the cost request bulletin. Upon its submission the Design Professional will review it and advise the University who will make the decision. If the Contractor fails to submit the response not submitted within the required ten fifteen (1015) calendar daysDays, and the Contractor Licensee has not obtained the Design Professional’s and the University’s Trustees’ permission for a delay in submission, the University Trustees may order the Contractor Licensee in writing to begin the Work immediatelyimmediately in accordance with Articles 38.01-c or 38.02, and the Contract Sum price shall be adjusted in accordance with the University’s Trustees’ estimate of cost. In that event, unless the Contractor, Licensee within fifteen days following completion of the changed Work, may present information Work presents proof convincing to the University Trustees that the University’s Trustees’ estimate was in error; . For any amount to be included in or added to a Contract price for the Universitychanged Work, the Trustees shall determine payment will be made in its sole discretionone of the following three ways: a lump sum amount, may adjust time and materials with a guaranteed maximum price, or time and materials with no guaranteed maximum price. If either of the Contract Sum. The Contractor must latter two methods is agreed upon, Licensee shall keep and submit to the University time and materials records verified daily by the University Construction Inspector to substantiate its costscosts and to furnish such proof. The University may require the Contractor to proceed immediately with the changed Work in accordance with section 4.02.4, “Failure to Agree as to Cost” or section 4.02.6 “Emergency Changes.” When the University Trustees and the Contractor Licensee agree on the amount of the Contract Price (or the amount to be added to or deducted from the Contract Sum price) and the time to be added to or deducted from the Contract Time completion date, and an Impact Report or a Contract Change Order is signed by the University Trustees and the ContractorLicensee, the Contractor Licensee shall proceed with the changed Work. If agreement is reached as When the Trustees and the Licensee agree to the adjustment in the Licensee’s compensation or an adjustment thereto for the performance of changed Work Work, but agreement is not reached as fail to agree to the time adjustment for such Work, the Contractor Licensee shall proceed with the Work at the agreed price, reserving the right to further pursue its Claim claim for a time adjustmentadjustment (see Article 36.15-d, Adjustment of Time Due to Acts of the Trustees). Any costs incurred to acquire information relative to a proposed Change Order change order shall not be borne by the UniversityTrustees.

Proposed Change Orders. The Design Professional, with approval of the University, shall issue to the Contractor a cost request Bulletin for a proposed change order describing the intended change and shall require the Contractor to indicate thereon a proposed amount to be added to or subtracted from the Contract Sum due to the change supported by a detailed estimate of cost. Upon request by the University, the Contractor shall permit inspection of the original Contract estimate, subcontract Trade Contract agreements, or purchase orders relating to the change. Any request for adjustment in Contract Time which is directly attributable to the changed Work shall be included with substantiating detailed explanation by the Contractor in its response to the cost request bulletin. Failure by Contractor to request adjustment of Contract Time in on the response to the cost request Bulletin shall waive any right to subsequently claim an adjustment of the Contract Time based on the changed Work. The Contractor shall submit the response to the cost request Bulletin with detailed estimates and any time extension request thereon to the Design Professional and the University’s Representative within ten (10) calendar days after issuance of the cost request bulletinBulletin. Upon its submission submission, the Design Professional will review it and advise the University who will make the decisiondecision regarding the request. The University retains sole discretion to accept, reject, or modify the proposed change. If the Contractor fails to submit the response within the required ten (10) calendar days, and the Contractor has not obtained the Design Professional’s and the University’s permission for a delay in submission, the University may order the Contractor in writing to begin the Work immediately, and the Contract Sum shall be adjusted in accordance with the University’s estimate of cost. In that event, the Contractor, within fifteen days following completion of the changed Work, may present information to the University that the University’s estimate was in error; the University, in its sole discretion, may adjust the Contract Sum. The Contractor must keep and submit to the University time and materials records verified by the University to substantiate its costs. The University may require the Contractor to proceed immediately with the changed Work in accordance with section 4.02.46.01.4, “Failure to Agree as to Cost” or section 4.02.6 6.02 “Emergency Changes.” When the University and the Contractor agree on the amount to be added to or deducted from the Contract Sum and the time to be added to or deducted from the Contract Time and an Impact Report or a Contract Change Order is signed by the University and the Contractor, the Contractor shall proceed with the changed Work. If agreement is reached as to the adjustment in compensation for the performance of changed Work but agreement is not reached as to the time adjustment for such Work, the Contractor shall proceed with the Work at the agreed price, reserving the right to further pursue its Claim for a time adjustment. Any costs incurred to acquire information relative to a proposed Change Order shall not be borne by the University.

Proposed Change Orders. The Design Professional, with approval of the University, shall issue to the Contractor a cost request Bulletin for a proposed change order describing the intended change and shall require the Contractor to indicate thereon a proposed amount to be added to or subtracted from the Contract Sum due to the change supported by a detailed estimate of cost. Upon request by the University, the Contractor shall permit inspection of the original Contract estimate, subcontract Trade Contract agreements, or purchase orders relating to the change. Any request for adjustment in Contract Time which is directly attributable to the changed Work shall be included with substantiating detailed explanation by the Contractor in its response to the cost request bulletin. Failure by Contractor to request adjustment of Contract Time in on the response to the cost request Bulletin shall waive any right to subsequently claim an adjustment of the Contract Time based on the changed Work. The Contractor shall submit the response to the cost request Bulletin with detailed estimates and any time extension request thereon to the Design Professional and the University’s Representative within ten (10) calendar days after issuance of the cost request bulletinBulletin. Upon its submission submission, the Design Professional will review it and advise the University who will make the decisiondecision regarding the request. The University retains sole discretion to accept, reject, or modify the proposed change. If the Contractor fails to submit the response within the required ten (10) calendar days, and the Contractor has not obtained the Design Professional’s and the University’s permission for a delay in submission, the University may order the Contractor in writing to begin the Work immediately, and the Contract Sum Sum/GMP shall be adjusted in accordance with the University’s estimate of cost. In that event, the Contractor, within fifteen days following completion of the changed Work, may present information to the University that the University’s estimate was in error; the University, in its sole discretion, may adjust the Contract Sum/GMP. The Contractor must keep and submit to the University time and materials records verified by the University to substantiate its costs. The University may require the Contractor to proceed immediately with the changed Work in accordance with section 4.02.46.01.4, “Failure to Agree as to Cost” or section 4.02.6 6.02 “Emergency Changes.” When the University and the Contractor agree on the amount to be added to or deducted from the Contract Sum Sum/GMP and the time to be added to or deducted from the Contract Time and an Impact Report or a Contract Change Order is signed by the University and the Contractor, the Contractor shall proceed with the changed Work. If agreement is reached as to the adjustment in compensation for the performance of changed Work but agreement is not reached as to the time adjustment for such Work, the Contractor shall proceed with the Work at the agreed price, reserving the right to further pursue its Claim for a time adjustment. Any costs incurred to acquire information relative to a proposed Change Order shall not be borne by the University.

Proposed Change Orders. The Design Professional, with approval of the University, shall issue to the Contractor a cost request Bulletin for a proposed change order describing the intended change and shall require the Contractor to indicate thereon a proposed amount to be added to or subtracted from the Contract Sum due to the change supported by a detailed estimate of cost. Upon request by the University, the Contractor shall permit inspection of the original Contract estimate, subcontract Trade Contract agreements, or purchase orders relating to the change. Any request for adjustment in Contract Time which is directly attributable to the changed Work shall be included with substantiating detailed explanation by the Contractor in its response to the cost request bulletin. Failure by Contractor to request adjustment of Contract Time in on the response to the cost request Bulletin shall waive any right to subsequently claim an adjustment of the Contract Time based on the changed Work. The Contractor shall submit the response to the cost request Bulletin with detailed estimates and any time extension request thereon to the Design Professional and the University’s Representative within ten (10) calendar days after issuance of the cost request bulletinBulletin. Upon its submission submission, the Design Professional will review it and advise the University who will make the decisiondecision regarding the request. The University retains sole discretion to accept, reject, or modify the proposed change. If the Contractor fails to submit the response within the required ten (10) calendar days, and the Contractor has not obtained the Design Professional’s and the University’s permission for a delay in submission, the University may order the Contractor in writing to begin the Work immediately, and the Contract Sum Sum/GMP shall be adjusted in accordance with the University’s estimate of cost. In that event, the Contractor, within fifteen days following completion of the changed Work, may present information to the University that the University’s estimate was in error; the University, in its sole discretion, may adjust the Contract Sum/GMP. The Contractor must keep and submit to the University time and materials records verified by the University to substantiate its costs. The University may require the Contractor to proceed immediately with the changed Work in accordance with section 4.02.46.01.4, “Failure to Agree as to Cost” or section 4.02.6 “Emergency Changes.” When the University and the Contractor agree on the amount to be added to or deducted from the Contract Sum and the time to be added to or deducted from the Contract Time and an Impact Report or a Contract Change Order is signed by the University and the Contractor, the Contractor shall proceed with the changed Work. If agreement is reached as to the adjustment in compensation for the performance of changed Work but agreement is not reached as to the time adjustment for such Work, the Contractor shall proceed with the Work at the agreed price, reserving the right to further pursue its Claim for a time adjustment. Any costs incurred to acquire information relative to a proposed Change Order shall not be borne by the University.section