Provisional Sum Work Clause Samples

The Provisional Sum Work clause defines how certain portions of work, whose exact details or costs are not fully determined at the time of contract signing, are to be handled within a construction contract. It allows for an estimated sum to be included in the contract price for these uncertain items, with the actual cost to be adjusted once the scope and price are finalized, often through later instructions or variations. This clause ensures that projects can proceed without delay despite some uncertainties, while providing a clear mechanism for adjusting the contract sum as more information becomes available.
POPULAR SAMPLE Copied 1 times
Provisional Sum Work. The Provisional Sum Work must be performed under subcontracts entered into by the Contractor. After the PDS Contractor: gives an instruction to proceed with the Provisional Sum Work; and either: provides the Design Documents for the Provisional Sum Work; or gives permission under clause 5.2 to use the design prepared by the Contractor for the Provisional Sum Work, the Contractor must: invite tenders from the number of persons directed by the PDS Contractor, each of whom must be approved by the PDS Contractor; give copies of each tender to the PDS Contractor; and enter into a subcontract with a tenderer on the basis of value for money as directed by the PDS Contractor. After the Contractor is directed to enter into a subcontract for Provisional Sum Work under paragraph (b)(v): the Contract Price will, if the amount tendered by the tenderer with whom the Contractor is directed to enter into a subcontract is more or less than the amount specified in the Contract Particulars for the Provisional Sum Work, be increased or decreased (as the case may be) by the amount of the difference (with no allowance for overhead and profit); and any Variation to that work will be dealt with under clause 10. Clause 7.6 does not apply unless the Contract Particulars state that it applies. The Contract Price will be adjusted in respect of any imported item required for the Works for which: the Contractor lodged the information required by the Tender Schedule; and there has been an exchange rate fluctuation between: the rate lodged by the Contractor as set out in the Tender Schedule; and the rate prevailing at the date upon which the Contractor stated in the Tender Schedule it would pay for the imported item. In these circumstances, the Contract Price will be adjusted by the difference in the cost of the imported item (in Australian dollars) calculated using the information lodged by the Contractor in that Tender Schedule on the basis of: the exchange rate lodged by the Contractor in the Tender Schedule; and the exchange rate prevailing at the date upon which the Contractor stated in the Tender Schedule it proposed to pay for the imported item. The exchange rate in paragraph (d) will be that quoted by the same bank from which the exchange rate in paragraph (c) was obtained. Any imported items (whether subject to adjustment under clause 7.6 or not) will not be subject to adjustment for rise and fall in costs. In clause 7.6, a reference to Tender Schedule means the tender schedule ...
View SourceView Similar (3)
Provisional Sum Work. (Clauses 7.5 and 25.1) Work or Goods Amount Total: $ $ $ $ $ $ Quality Manager: (Clause 25.1) ..................................................................................................... Quality Objectives (additional): (Clause 25.1) ..................................................................................................... Quality Plan (additional): (Clause 25.1) .....................................................................................................
View Source
Provisional Sum Work. The work or goods so specified in the Contract Particulars for which the sum of money specified in the Contract Particulars is included in the Contract Price.
View SourceView Similar (16)
Provisional Sum Work. The work or goods so specified in the Subcontract Particulars for which the sum of money specified in the Subcontract Particulars is included in the Subcontract Price.
View SourceView Similar (8)
Provisional Sum Work. (Clauses 7.5 and 22.1) Work or Goods Amount ...................................... $........................................ ...................................... $........................................ ...................................... $........................................ Total: $........................................
View SourceView Similar (3)
Provisional Sum Work. (a) For each item of Provisional Sum Work, the Principal's Representative will give the Contractor an instruction either deleting that item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the relevant work. (b) If any item of Provisional Sum Work is deleted from the Contract: (i) the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work in the Key Details; (ii) the Principal may engage an Other Contractor to carry out the item of Provisional Sum Work; and (iii) the Principal will not be liable upon any Claim by the Contractor arising out of, or in any way in connection with, the deletion of the item of Provisional Sum Work. (c) If the Contractor is instructed to proceed with an item of Provisional Sum Work and if required by the Principal, the Contractor must progressively prepare the Design Documentation for the item of Provisional Sum Work. The Contractor must inform the Principal's Representative when the Design Documentation is being discussed at design and other meetings and the Principal's Representative may attend all meetings. (d) Where the Contractor is instructed to proceed with an item of Provisional Sum Work: (i) the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work in the Key Details; and (ii) the Provisional Sum Work will be valued in accordance with clause 11.3 as if it were a Variation.
View Source

Related to Provisional Sum Work

  • Modified Work/Return to Work (a) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. (b) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question. (c) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/ light/alternative work program, except as required by law.

  • Tenant Improvement Allowance Items Except as otherwise set forth in this Tenant Work Letter, the Tenant Improvement Allowance shall be disbursed by Landlord only for the following items and costs (collectively, the “Tenant Improvement Allowance Items”): 2.2.1.1 Payment of the fees of the “Architect” and the “Engineers,” as those terms are defined in Section 3.1 of this Tenant Work Letter, the costs of Tenant’s project manager (if any) and payment of the fees incurred by, and the cost of documents and materials supplied by, Landlord and Landlord’s consultants in connection with the preparation and review of the “Construction Drawings,” as that term is defined in Section 3.1 of this Tenant Work Letter; 2.2.1.2 The payment of plan check, permit and license fees relating to construction of the Tenant Improvements; 2.2.1.3 The cost of construction of the Tenant Improvements, including, without limitation, contractors’ fees and general conditions, testing and inspection costs, costs of utilities, trash removal, parking and hoists, and the costs of after-hours freight elevator usage. 2.2.1.4 The cost of any changes in the Base, Shell and Core work when such changes are required by the Construction Drawings (including if such changes are due to the fact that such work is prepared on an unoccupied basis), such cost to include all direct architectural and/or engineering fees and expenses incurred in connection therewith; 2.2.1.5 The cost of any changes to the Construction Drawings or Tenant Improvements required by applicable laws and building codes (collectively, “Code”); 2.2.1.6 Sales and use taxes; 2.2.1.7 The “Coordination Fee,” as that term is defined in Section 4.2.2.2 of this Tenant Work Letter; and 2.2.1.8 All other costs to be expended by Landlord in connection with the construction of the Tenant Improvements.

  • Construction Allowance (a) Landlord shall provide to Tenant a construction allowance not to exceed $135.00 per rentable square foot in the Relocation Premises (the “Construction Allowance”) to be applied toward the Total Construction Costs, as adjusted for any changes to the Tenant Work. If the Total Construction Costs are estimated to exceed the Construction Allowance by more than $5.00 per rentable square foot of the Relocation Premises, then no advance of the Construction Allowance shall be made by Landlord until Tenant has first paid to the contractor from its own funds (and provided reasonable evidence thereof to Landlord) the anticipated amount by which the projected Total Construction Costs exceed the amount of the Construction Allowance. Thereafter, Landlord shall pay to Tenant (or at Tenant’s request directly to Tenant’s general contractor) the Construction Allowance in multiple disbursements (but not more than once in any calendar month) following the receipt by Landlord of the following items: (i) a request for payment and sworn statements of Tenant and contractor, (ii) final or partial lien waivers, as the case may be, from all persons performing work or supplying or fabricating materials for the Tenant Work, fully executed, acknowledged and in recordable form, which waivers may be conditioned upon receipt of payment, (iii) the Architect’s certification that the Tenant Work for which reimbursement has been requested has been finally completed, including (with respect to the last application for payment only) any punch-list items, on the appropriate AIA form or another form approved by Landlord, and, (iv) with respect to the disbursement of the last 10% of the Construction Allowance, (1) the permanent certificate of occupancy issued for the Relocation Premises, if required by applicable law, (2) the record drawing in CAD format, PDF format and hard copy required by Section 5 above, and (3) an estoppel certificate confirming such factual matters as Landlord or Landlord’s Mortgagee may reasonably request (collectively, a “Completed Application for Payment”). Landlord shall pay the amount requested in the applicable Completed Application for Payment to Tenant within 30 days following Tenant’s submission of the Completed Application for Payment. If, however, the Completed Application for Payment is incomplete or incorrect, Landlord shall promptly notify Tenant of the same and Landlord’s payment of such request shall be deferred until 30 days following Landlord’s receipt of the corrected Completed Application for Payment. Notwithstanding anything to the contrary contained in this Exhibit, Landlord shall not be obligated to make any disbursement of the Construction Allowance during the pendency of any of the following: (1) Landlord has received written notice of any unpaid claims relating to any portion of the Tenant Work or materials in connection therewith covered by previously funded applications for payment, (2) there is an unbonded lien outstanding against the Building or the Relocation Premises or Tenant’s interest therein by reason of work done, or claimed to have been done, or materials supplied or specifically fabricated, claimed to have been supplied or specifically fabricated, to or for Tenant or the Relocation Premises, (3) the conditions to the advance of the Construction Allowance are not satisfied, or (4) Tenant is in Default under the Lease. (b) The Construction Allowance must be used on Tenant Work performed within the Relocation Premises and the Total Construction Costs and may not be used to pay for furniture, fixtures or equipment or as rent abatement, HOWEVER, notwithstanding the foregoing, provided Tenant is not in Default, Tenant may use a portion of the Construction Allowance, not to exceed an amount equal to $35.00 per rentable square foot of the Relocation Premises, to pay for furniture, fixtures or equipment, moving costs, cabling costs, and other soft costs associated with the Relocation Premises. Should Tenant elect to use a portion of the Construction Allowance to pay for such soft costs, at Landlord’s request Tenant shall execute and deliver a letter to Landlord confirming the exact amount of the Construction Allowance used to pay for such soft costs. Should Tenant elect to use a portion of the Construction Allowance to pay for such costs, Tenant shall provide Landlord with a written request that includes copies of paid invoices or receipts for reimbursement of such costs, and Landlord shall reimburse Tenant for such amounts within 30 days of receipt of Tenant’s request. Tenant shall provide lien waivers as appropriate. No portion of the Construction Allowance may be used as a credit against Rent due under the Lease. (c) The Construction Allowance must be used (i.e. work performed and invoices submitted to Landlord) by June 30, 2020, or the Construction Allowance shall be deemed forfeited with no further obligation by Landlord with respect thereto. (d) If Landlord defaults in Landlord’s obligation to pay the Construction Allowance pursuant to Section 9 of this Exhibit B-1, or any portion thereof, within five (5) days after the date the same is due, then Tenant shall have the right to give Landlord a second written notice (“Offset Exercise Notice”) requesting payment of such unpaid amounts and notifying Landlord that Tenant intends to offset against rent if not paid. In the event that Landlord fails to contest in good faith or fully pay such amounts within ten (10) business days after such Offset Exercise Notice is received by Landlord, then provided no Default exists Tenant may withhold and offset such unpaid sums from and against 25% of Base Rent next due until paid.

  • Modified Work/Return to Work Programs The Employer and the Union recognize the purpose of modified work/return to work programs, is to provide fair and consistent practices for accommodating nurses who have been ill, injured or permanently disabled, to enable their safe return to work. The parties undertake to provide safe and meaningful employment for all nurses based on the following objectives and principles:

  • Additional Work If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.