Owner-Directed Change definition
Examples of Owner-Directed Change in a sentence
Contractor’s receipt of a Directive Letter or Time and Materials Change Order from Owner is a condition precedent to Contractor’s right to claim that an Owner-Directed Change has occurred, provided that no Directive Letter or Time and Materials Change Order shall be required for alleged Owner-Directed Changes directly attributable to delays caused by bad faith actions, active interference, gross negligence or comparable tortious conduct by Owner.
The determination whether an Owner-Directed Change in fact occurred shall be based on an analysis of the original Contract requirements and any effect of the Directive Letter on those requirements.
Owner’s issuance of a Directive Letter shall not be considered evidence that an Owner-Directed Change occurred.
If the suspension is for Owner’s convenience under Article 22.4, the work performed by Contractor during the suspension period, as described in this Article 22.1, shall be considered an Owner-Directed Change.
In the event that payment for Work performed pursuant to an Owner-Directed Change is the basis of a dispute as provided in Article 14.10, such payment may be made pursuant to a Time and Materials Change Order pending formal resolution of the dispute under the “Claims” clause (Article 29).
Owner shall be entitled to a Change Order decreasing the Contract Amount (a) for any circumstance that decreases the cost of the Work, to the extent the Contract expressly states that such circumstance entitles Owner to an adjustment of the Contract Amount, including, but not limited to changes in Applicable Laws as described in Article 14.14 or (b) in the event of an Owner-Directed Change that decreases the cost of the Work.
If Owners prefer a different method of cyber implementation, such change will constitute an Owner-Directed Change.
Owner shall be entitled to a Change Order decreasing the Contract Amount (a) for any circumstance that decreases the cost of the Work, to the extent the Contract expressly states that such circumstance entitles Owner to an adjustment of the Contract Amount or (b) in the event of an Owner-Directed Change that decreases the cost of the Work.
In the event that payment for Work performed pursuant to an Owner-Directed Change is the basis of a dispute as provided in Article 14.10, such payment may be made pursuant to a Time and Materials Change Order pending formal resolution of the dispute under the “Claims” clause (Article 34).
If the suspension is for Owner’s convenience under Article 28.4, the work performed by Contractor during the suspension period, as described in this Article 28.1, shall be considered an Owner-Directed Change.