Common use of Verbal Changes Clause in Contracts

Verbal Changes. Any oral order, direction, instruction, interpretation, or determination from City (collectively "Verbal Change") which, in the opinion of Design-Builder, causes a Scope Change in the Work, or otherwise requires an adjustment to the Contract Price or the Contract Time, shall be treated as a Change Order Request only if Design-Builder gives City written notice within ten (10) calendar days of the Verbal Change and prior to acting in accordance therewith. The written notice shall state the date, circumstances, extent of adjustment to the Contract Price or the Contract Time, if any, requested and the source of the Verbal Change. Time is of the essence in Design-Builder's written notice pursuant to the preceding sentence, so that City can promptly investigate and consider alternative measures to address the Verbal Change giving rise to Design-Builder's notice. Accordingly, Design-Builder acknowledges that its failure, for any reason, to give written notice within ten (10) calendar days of such Verbal Change shall be deemed Design-Builder's waiver of any right to assert or Claim any entitlement to an adjustment of the Contract Time or the Contract Price on account of such Verbal Change.