Common use of Unilateral Changes Clause in Contracts

Unilateral Changes. In the absence of a written agreement between the District and Designer/Builder on the terms of a Change, the District may, as provided by law, by issuing a written Notice to Proceed and without invalidating the Contract, order changes in the Work consisting of additions, deletions, or other revisions directly related to the Scope of Work. The Designer/Builder shall, within seven (7) calendar days of issuance of the Notice to Proceed, notify the District in writing if the terms of the change are disputed. In the case of a disputed Notice to Proceed, the Designer/Builder shall track its time and material costs that it may use as the basis for a future dispute or claim pursuant to the “Disputes” provisions herein. If the Designer/Builder fails to provide written notification within seven (7) calendar days, it waives its rights to all additional claims. The Design/Builder shall track its time and material costs for the dispute or claim as follows: Design/Builder shall maintain detailed records on a daily basis. Such records shall include without limitation hourly records for labor and Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any Change to the Work. In the event that the Design/Builder performs more than one Change to the Work in a calendar day, Designer/Builder shall maintain separate records for each such Change. Design/Builder shall maintain detailed records on a time and material basis of Work required by Unilateral Changes. Project Inspector review and signature is required for each daily time and material document. In the event that any subcontractor, of any tier, provides or performs any portion of any Change to the Work, Design/Builder shall require that each such subcontractor maintain records in accordance with the requirements set forth herein. Each daily record maintained hereunder shall be signed by Design/Builder or Design/Builder’s authorized representative; such signature shall be deemed Design/Builder's representation and warranty that all information contained therein is true, accurate, and complete and relate only to the Change referenced therein. All records maintained by a subcontractor, of any tier, relating to the costs of a Change to the Work shall be signed by such subcontractor's authorized representative. All records maintained hereunder shall be subject to on-site or online inspection, review and/or reproduction by the Architect, Construction Manager, or the Project Inspector upon request. If the Design/Builder fails or refuses, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the NTP value on account of any Change to the Work is determined by the District, the District's reasonable good faith determination of the extent of adjustment to the NTP value on account of such Change shall be final, conclusive, dispositive, and binding upon Design/Builder.

Unilateral Changes. In the absence of a written agreement between the District and Designer/Builder Contractor on the terms of a Change, the District may, as provided by law, by issuing a written Notice to Proceed and without invalidating the Contract, order changes in the Work consisting of additions, deletions, or other revisions directly related to the Scope of Work. The Designer/Builder Contractor shall, within seven (7) calendar days of issuance of the Notice to Proceed, notify the District in writing if the terms of the change are disputed. In the case of a disputed Notice to Proceed, the Designer/Builder Contractor shall track its time and material costs that it may use as the basis for a future dispute or claim pursuant to the “Disputes” provisions herein. If the Designer/Builder Contractor fails to provide written notification within seven (7) calendar days, it waives its rights to all additional claims. The Design/Builder Contractor shall track its time and material costs for the dispute or claim as follows: Design/Builder : 2.11.1. Contractor shall maintain detailed records on a daily basis. Such records shall include without limitation hourly records for labor and Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any Change to the Work. In the event that the Design/Builder Contractor performs more than one Change to the Work in a calendar day, Designer/Builder Contractor shall maintain separate records for each such Change. 2.11.2. Design/Builder Contractor shall maintain detailed records on a time and material basis of Work required by Unilateral Changes. Project Inspector review and signature is required for each daily time and material documentdocument.‌ 2.11.3. In the event that any subcontractor, of any tier, provides or performs any portion of any Change to the Work, Design/Builder Contractor shall require that each such subcontractor maintain records in accordance with the requirements set forth herein. Each daily record maintained hereunder shall be signed by Design/Builder Contractor or Design/BuilderContractor’s authorized representative; such signature shall be deemed Design/BuilderContractor's representation and warranty that all information contained therein is true, accurate, and complete and relate only to the Change referenced therein. All records maintained by a subcontractor, of any tier, relating to the costs of a Change to the Work shall be signed by such subcontractor's authorized representative. 2.11.4. All records maintained hereunder shall be subject to on-site or online inspection, review and/or reproduction by the Architect, Construction Manager, or the Project Inspector upon request. If the Design/Builder Contractor fails or refuses, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the NTP value on account of any Change to the Work is determined by the District, the District's reasonable good faith determination of the extent of adjustment to the NTP value on account of such Change shall be final, conclusive, dispositive, and binding upon Design/BuilderContractor.