Common use of Work Changes Clause in Contracts

Work Changes. 14.1 Within ten (10) days after a written request from ▇▇▇▇▇ (or within such other time as is specified in such request), Subcontractor shall submit to ▇▇▇▇▇ its proposal (with computations and supporting data in such detail as may be requested by ▇▇▇▇▇ or required by the Contract Documents) for eliminations of, changes in, and additions to Subcontractor's Work or for any deviations from the Contract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by ▇▇▇▇▇: (A) a lump sum amount for such work; (B) unit prices for such work, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (C) the fixed fee proposed if ▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a fixed fee; (D) the percentage of cost proposed for overhead and profit if ▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Contract Documents; (E) deductions to be allowed from the Subcontract Price for work, if any, eliminated or substitutions made; and (F) additional time, if any, requested for the completion of such additional or changed work. 14.2 On receipt of such proposal, ▇▇▇▇▇ may issue a written order directing Subcontractor to proceed with the work, and either (A) authorizing an adjustment in the Subcontract Price on any one of the bases set forth in clauses (A) to (D) of Section 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus 10% thereof (or, if the authorized change is also part of a 14.3 If Subcontractor notifies ▇▇▇▇▇ within forty-eight (48) hours after such order is issued objecting to any determinations of price adjustment or time adjustment which is not in accordance with its proposal (or any revised proposal submitted at ▇▇▇▇▇’▇▇▇▇▇' request) and the parties do not agree upon the order within thirty (30) days thereafter, such objection shall be resolved pursuant to the provisions of Section 30. If no objection is made within forty-eight (48) hours after the order is issued, the order shall be final and binding upon Subcontractor. 14.4 If Subcontractor does not submit its proposal within the time specified in Section 14.1, ▇▇▇▇▇ may issue an order directing the work to be done on the cost plus percentage basis specified in clause (B) of Section 14.2, and specifying the amount of any deduction from the Subcontract Price for eliminations or substitutions and any additional time allowed for the work. Such order shall be final and binding upon Subcontractor. 14.5 Subcontractor shall proceed immediately with the work in accordance with each such order, regardless of whether Subcontractor is objecting to the Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to ▇▇▇▇▇’▇▇▇▇▇' Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies ▇▇▇▇▇ within five (5) days after such statement is returned to Subcontractor by ▇▇▇▇▇ objecting to the Superintendent's correction thereof and the parties do not agree upon an adjustment within thirty

Work Changes. 14.1 (a) Within ten (10) 10 days after a written request from ▇▇▇▇▇ Contractor (or within such other time as is specified in such request), Subcontractor shall submit to ▇▇▇▇▇ Contractor its proposal (with computations and supporting data in such detail as may be requested by ▇▇▇▇▇ or required by the Contract DocumentsContractor requires) for eliminations of, changes in, and or additions to Subcontractor's the Work or for any deviations from the Contract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by ▇▇▇▇▇: (Ai) a proposed lump sum amount for such workWork, which shall be based on a justified estimate of the direct cost of the change plus the applicable markup percentage for overhead and profit specified in the Prime Contract (or if no such percentage is specified, 10% for change Work performed by Subcontractor's own forces and 5% on any such Work performed by a sub-subcontractor; (Bii) unit prices for such worktherefor, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (Ciii) Subcontractor’s documented estimate of the fixed fee proposed if ▇▇▇▇▇ elects that the work is to be done on the basis of direct cost of direct labor and material required to perform the change. If Subcontractor is authorized by Contractor to proceed on this basis, Subcontractor shall be reimbursed for the justified and documented direct cost of labor and materials incurred to perform the change plus a fixed fee; (D) the applicable markup percentage of cost proposed for overhead and profit specified in the Prime Contract (or if ▇▇▇▇▇ elects that the work no such percentage is to be done specified, 10% for change Work performed by Subcontractor's own forces and 5% on the basis of cost of direct labor and material plus any such Work performed by a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Contract Documentssub- subcontractor); (Eiv) deductions to be allowed from the Subcontract Contract Price for workWork, if any, eliminated or substitutions madeeliminated; and (Fv) additional time, if any, requested for the completion of such additional or changed workWork. 14.2 15(b) On receipt of such proposal, ▇▇▇▇▇ Contractor may issue a written change order directing Subcontractor to proceed with the changed work, and either either (A) authorizing an adjustment in the Subcontract Contract Price therefor on any one anyone of the bases set forth in clauses (Ai) to (D) iv), inclusive, of Section 14.1 15(a) (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus a total of 10% thereof (orunless otherwise stated in Section 1) for overhead and profit. Such change order shall also specify the deductions, if any, from the authorized change is also part of aContract Price for eliminations and additional time, if any, allowed. 14.3 If Subcontractor notifies ▇▇▇▇▇ 15(c) Subcontractor, within forty-eight (48) hours two business days after such change order is issued objecting issued, by written notice to Contractor, may object to any determinations of price adjustment or and additional time adjustment which is are not in accordance with its proposal (or any revised proposal submitted at ▇▇▇▇▇’▇▇▇▇▇' Contractor's request) and ), in which event the parties do not agree upon the order within thirty (30) days thereafter, such objection matter so objected to shall be resolved pursuant to the provisions of finally determined under Section 3031, Disputes. If no objection is made within forty-eight (48) hours after the order is issuedOtherwise, the change order shall be final and binding upon on Subcontractor. 14.4 15(d) If Subcontractor does not submit its the proposal within the time specified in Section 14.115(a), ▇▇▇▇▇ Contractor may issue an order such change order, directing the work to be done on the cost plus percentage basis basis, specified in clause (B) of Section 14.215(b), and specifying the amount of any deduction from the Subcontract Contract Price for eliminations or substitutions and any additional time allowed for the such work. Such , and such change order shall be final and binding upon Subcontractor. 14.5 15(e) Unless Contractor otherwise directs, Subcontractor shall proceed immediately with the work in accordance with each such change order, regardless of whether Subcontractor it is objecting to the Subcontract Contract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to ▇▇▇▇▇’▇▇▇▇▇' Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies ▇▇▇▇▇ within five (5) days after such statement is returned to Subcontractor by ▇▇▇▇▇ objecting to the Superintendent's correction thereof and the parties do not agree upon an adjustment within thirty

Work Changes. 14.1 Within ten (10) days after a written request from Applicable ▇▇▇▇▇ Entity (or within such other time as is specified in such request), Subcontractor shall submit to Applicable ▇▇▇▇▇ its Entity the Subcontractor’s proposal (with computations and supporting data in such detail as may be requested by Applicable ▇▇▇▇▇ Entity or required by the Contract Subcontract Documents) for eliminations of, changes in, and additions to Subcontractor's Subcontract Work or for any deviations from the Contract Subcontract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by Applicable ▇▇▇▇▇▇ Entity: (A) a lump sum amount for such work; (B) unit prices for such work, in addition to any unit prices applicable thereto already specified hereinin a Work Order, including estimated quantities and computations; (C) the fixed fee proposed if Applicable ▇▇▇▇▇ Entity elects that the work is to be done on the basis of cost of direct labor and material plus a fixed fee; (D) the percentage of cost proposed for overhead and profit if Applicable ▇▇▇▇▇ Entity elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required specified by the Contract DocumentsPrime Contract; (E) deductions to be allowed from the Subcontract Price for work, if any, eliminated or substitutions made; and (F) additional time, if any, requested for the completion of such additional or changed work. 14.2 On receipt of such proposal, Applicable ▇▇▇▇▇ Entity may issue a written order directing Subcontractor to proceed with the work, and either (A) authorizing an adjustment in the Subcontract Price on any one of the bases set forth in clauses (A) to (D) of Section 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus 10% thereof (or, if the authorized change is also part of aa change order between Applicable ▇▇▇▇▇ Entity and Owner, such other percentage as is specified in the Prime Contract) for overhead and profit combined. Such order shall also specify the deduction, if any, from the Subcontract Price for eliminations or substitutions and additional time, if any, allowed. All changes in the Subcontract Work ordered by Applicable ▇▇▇▇▇ Entity shall be deemed to be part of the Subcontract Work and shall be performed and furnished in accordance with all of the terms and conditions of the Subcontract Documents. 14.3 If Subcontractor notifies Applicable ▇▇▇▇▇ Entity in writing within forty-eight (48) hours after such order is issued objecting to any determinations of price adjustment or time adjustment which is not in accordance with its proposal (or any revised proposal submitted at Applicable ▇▇▇▇▇’▇▇▇▇▇' ▇ Entity’s request) and the parties Parties do not agree upon the order within thirty (30) days thereafter, such objection shall be resolved pursuant to the provisions of Section 30. If no written objection is made within forty-eight (48) hours after the order is issued, the order shall be final and binding upon Subcontractor. 14.4 If Subcontractor does not submit its proposal within the time specified in Section 14.1, Applicable ▇▇▇▇▇ Entity may issue an order directing the work to be done on the cost plus percentage basis specified in clause (B) of Section 14.2, and specifying the amount of any deduction from the Subcontract Price for eliminations or substitutions and any additional time allowed for the work. Such order shall be final and binding upon Subcontractor. 14.5 Subcontractor shall proceed immediately with the work in accordance with each such order, regardless of whether Subcontractor is objecting objects to the Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's the Subcontract Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to Applicable ▇▇▇▇▇’▇▇▇▇▇' ▇ Entity’s Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies Applicable ▇▇▇▇▇ Entity in writing within five (5) days after such statement is returned to Subcontractor by Applicable ▇▇▇▇▇ Entity objecting to the Superintendent's Project Manager’s correction thereof and the parties Parties do not agree upon an adjustment within thirtythirty (30) days thereafter, the matter shall be resolved pursuant to the provisions of Section 30. If no written objection is made within five (5) days after return of the statement to Subcontractor, the Project Manager’s determination shall be final and binding upon Subcontractor. 14.7 Subcontractor shall not proceed with a change in the Subcontract Work unless and until (A) a change order has been executed by Applicable ▇▇▇▇▇ Entity and Subcontractor or (B) Applicable ▇▇▇▇▇ Entity has directed Subcontractor to proceed with the change in accordance with this Section 14. 14.8 After a change order has been executed by Applicable ▇▇▇▇▇ Entity and Subcontractor, there shall be no subsequent adjustment based upon the effect or impact of the change contemplated thereby, nor shall Subcontractor be entitled to any further time or compensation based upon the cumulative effect of multiple change orders.

Work Changes. 14.1 Within ten (10) days after a written request from ▇▇▇▇▇▇▇▇▇ (or within such other time as is specified in such request), Subcontractor shall submit to ▇▇▇▇▇▇▇▇▇ its the Subcontractor’s proposal (with computations and supporting data in such detail as may be requested by ▇▇▇▇▇▇▇▇▇ or required by the Contract Subcontract Documents) for eliminations of, changes in, and additions to Subcontractor's Subcontract Work or for any deviations from the Contract Subcontract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by ▇▇▇▇▇▇▇▇▇: (A) a lump sum amount for such work; (B) unit prices for such work, in addition to any unit prices applicable thereto already specified hereinin a Work Order, including estimated quantities and computations; (C) the fixed fee proposed if ▇▇▇▇▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a fixed fee; (D) the percentage of cost proposed for overhead and profit if ▇▇▇▇▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required specified by the Contract DocumentsPrime Contract; (E) deductions to be allowed from the Subcontract Price for work, if any, eliminated or substitutions made; and (F) additional time, if any, requested for the completion of such additional or changed work. 14.2 On receipt of such proposal, ▇▇▇▇▇▇▇▇▇ may issue a written order directing Subcontractor to proceed with the work, and either (A) authorizing an adjustment in the Subcontract Price on any one of the bases set forth in clauses (A) to (D) of Section 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus 10% thereof (or, if the authorized change is also part of aa change order between ▇▇▇▇▇▇▇▇▇ and the Owner, such other percentage as is specified in the Prime Contract) for overhead and profit combined. Such order shall also specify the deduction, if any, from the Subcontract Price for eliminations or substitutions and additional time, if any, allowed. All changes in the Subcontract Work ordered by ▇▇▇▇▇▇▇▇▇ shall be deemed to be part of the Subcontract Work and shall be performed and furnished in accordance with all of the terms and conditions of the Subcontract Documents. 14.3 If Subcontractor notifies ▇▇▇▇▇▇▇▇▇ in writing within forty-eight (48) hours after such order is issued objecting to any determinations of price adjustment or time adjustment which is not in accordance with its proposal (or any revised proposal submitted at ▇▇▇▇▇’▇▇▇▇▇' ’▇ request) and the parties Parties do not agree upon the order within thirty (30) days thereafter, such objection shall be resolved pursuant to the provisions of Section 30. If no written objection is made within forty-forty- eight (48) hours after the order is issued, the order shall be final and binding upon Subcontractor. 14.4 If Subcontractor does not submit its proposal within the time specified in Section 14.1, ▇▇▇▇▇▇▇▇▇ may issue an order directing the work to be done on the cost plus percentage basis specified in clause (B) of Section 14.2, and specifying the amount of any deduction from the Subcontract Price for eliminations or substitutions and any additional time allowed for the work. Such order shall be final and binding upon Subcontractor. 14.5 Subcontractor shall proceed immediately with the work in accordance with each such order, regardless of whether Subcontractor is objecting objects to the Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's the Subcontract Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to ▇▇▇▇▇’▇▇▇▇▇' ’▇ Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies ▇▇▇▇▇▇▇▇▇ in writing within five (5) days after such statement is returned to Subcontractor by ▇▇▇▇▇▇▇▇▇ objecting to the Superintendent's Project Manager’s correction thereof and the parties Parties do not agree upon an adjustment within thirty

Work Changes. 14.1 Within ten (10) days after a written request from ▇▇▇▇▇ (or within such other time as is specified in such request), Subcontractor shall submit to ▇▇▇▇▇ its proposal (with computations and supporting data in such detail as may be requested by ▇▇▇▇▇ or required by the Contract Documents) for eliminations of, changes in, and additions to Subcontractor's Work or for any deviations from the Contract Documents or substitution of materials (including "or equal" materials) thereby requested, stating, as directed by ▇▇▇▇▇: (A) a lump sum amount for such work; (B) unit prices for such work, in addition to any unit prices applicable thereto already specified herein, including estimated quantities and computations; (C) the fixed fee proposed if ▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a fixed fee; (D) the percentage of cost proposed for overhead and profit if ▇▇▇▇▇ elects that the work is to be done on the basis of cost of direct labor and material plus a percentage thereof for overhead and profit, which percentage shall not be in excess of any percentage required by the Contract Documents; (E) deductions to be allowed from the Subcontract Price for work, if any, eliminated or substitutions made; and (F) additional time, if any, requested for the completion of such additional or changed work. 14.2 On receipt of such proposal, ▇▇▇▇▇ may issue a written order directing Subcontractor to proceed with the work, and either (A) authorizing an adjustment in the Subcontract Price on any one of the bases set forth in clauses (A) to (D) of Section 14.1 (or partly on a unit price and partly on a fee basis), or (B) directing that the work be done at Subcontractor's cost of direct labor and of materials plus 10% thereof (or, if the authorized change is also part of aat 14.3 If Subcontractor notifies ▇▇▇▇▇ within forty-eight (48) hours after such order is issued objecting to any determinations of price adjustment or time adjustment which is not in accordance with its proposal (or any revised proposal submitted at ▇▇▇▇▇’▇▇▇▇▇' request) and the parties do not agree upon the order within thirty (30) days thereafter, such objection shall be resolved pursuant to the provisions of Section 30. If no objection is made within forty-eight (48) hours after the order is issued, the order shall be final and binding upon Subcontractor. 14.4 If Subcontractor does not submit its proposal within the time specified in Section 14.1, ▇▇▇▇▇ may issue an order directing the work to be done on the cost plus percentage basis specified in clause (B) of Section 14.2, and specifying the amount of any deduction from the Subcontract Price for eliminations or substitutions and any additional time allowed for the work. Such order shall be final and binding upon Subcontractor. 14.5 Subcontractor shall proceed immediately with the work in accordance with each such order, regardless of whether Subcontractor is objecting to the Subcontract Price adjustments or time allowance, if any, specified therein. 14.6 If the order requires the work to be done on a cost plus either percentage or fixed fee basis, cost shall include only the net cost of material and equipment and the net cost of direct labor physically performing Subcontractor's Work at the Construction Site at the lowest applicable hourly rate, including taxes and workers' compensation and liability insurance premiums thereon, and Subcontractor shall deliver daily a statement of such net costs charged to the work performed during the preceding day, to ▇▇▇▇▇’▇▇▇▇▇' Project Manager or his designee, for his approval or correction. Such statement as approved or corrected shall be used as the basis for progress payments to Subcontractor for such work. If Subcontractor notifies ▇▇▇▇▇ within five (5) days after such statement is returned to Subcontractor by ▇▇▇▇▇ objecting to the Superintendent's correction thereof and the parties do not agree upon an adjustment within thirtyeight