Common use of Request for Equitable Adjustment Clause in Contracts

Request for Equitable Adjustment. 12.3.1 If the Contractor considers a Request for Equitable Adjustment is justified for an increase in the Contract Time or Contract Sum, the Contractor shall promptly, upon first observance of the condition giving rise to the request, provide the Project Manager and County written notice of such condition and circumstance. This notice shall be given by the Contractor before proceeding to execute the Work, except in emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.3. No such request shall be valid unless so made. Any change in the Contract Time or Contract Sum resulting from such request for equitable adjustment shall be authorized by Change Order. 12.3.2 If the Contractor requests that additional cost or time is involved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the County to stop the Work pursuant to Paragraph 3.3 where the Contractor was not at fault, or any such order by the Project Manager as the County’s agent, (3) any written order for a minor change in the Work issued pursuant to Paragraph 12.4, the Contractor shall make such request for equitable adjustment as provided in Subparagraph 12.3.1.