Common use of Alteration in Character of Work Clause in Contracts

Alteration in Character of Work. In the event an alteration or modification in the character of Work or Deliverable results in a substantial change in this Contract, thereby materially increasing or decreasing the scope of services, costs of performance or Project schedule, the Work or Deliverable will nonetheless be performed as directed by City. However, before any altered or modified Work begins, a Change Order or Amendment must be approved and executed by City, and executed by CM@Risk. Such Change Order or Amendment will not be effective unless approved by City. Additions to, modifications or deletions from the Project provided herein may be made, and the compensation to be paid to CM@Risk may be adjusted accordingly solely at the discretion of City. No claim for extra Work done or materials furnished by CM@Risk will be allowed by City except as provided herein, nor will CM@Risk do any work or furnish any material(s) not covered by this Contract unless such work or material is previously authorized in writing by City. Work or material(s) furnished by CM@Risk without such prior written authorization shall be at CM@Risk’s sole jeopardy, cost and expense, and CM@Risk hereby agrees that without prior written authorization no claim for compensation for such work or materials furnished will be made.

Appears in 3 contracts

Samples: Contract for Construction Manager at Risk Pre Construction Phase Services, Contract for Construction Manager at Risk Pre Construction Phase Services, Contract for Construction Manager at Risk Design Phase Services

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Alteration in Character of Work. A. In the event an alteration or modification in the character of Work work or Deliverable results in a substantial change in this ContractAgreement, thereby materially increasing or decreasing the scope of services, costs cost of performance performance, or Project scheduleSchedule, the Work work or Deliverable will nonetheless be performed as directed by Citythe CITY. However, before any altered or modified Work work begins, a Change Order or Amendment must will be approved and executed by City, the CITY and executed by CM@Riskthe CM/GC. Such Change Order or Amendment will not be effective unless until approved by City. the CITY. B. Additions to, modifications modifications, or deletions from the Project provided herein may be made, and the compensation to be paid to CM@Risk the CM/GC may accordingly be adjusted accordingly solely at by mutual agreement of the discretion of City. contracting parties. C. No claim for extra Work work done or materials furnished by CM@Risk the CM/GC will be allowed by City the CITY except as provided herein, nor will CM@Risk the CM/GC do any work or furnish any material(s) not covered by this Contract Agreement unless such work or material is previously first authorized in writing by Citywriting. Work or material(s) furnished by CM@Risk the CM/GC without such prior written authorization shall will be at CM@Riskthe CM/GC’s sole jeopardyresponsibility, cost cost, and expense, and CM@Risk the CM/GC hereby agrees that without prior written authorization no claim for compensation for such work or materials furnished will be made.

Appears in 3 contracts

Samples: Construction Management/General Contractor Agreement, Construction Management/General Contractor Agreement, Construction Manager/General Contractor Agreement

Alteration in Character of Work. In the event an alteration or modification in the character of Work work or Deliverable results in a substantial change in this Contract, thereby materially increasing or decreasing the scope of servicesservice, costs cost of performance performance, or Project scheduleSchedule, the Work work or Deliverable will nonetheless be performed as directed by CityGILBERT. However, before any altered or modified Work work begins, a Change Order or Amendment must will be approved and executed by City, GILBERT and executed by CM@Risk. the CM@R. Such Change Order or Amendment will not be effective unless until approved by CityGILBERT. Additions to, modifications modifications, or deletions from the Project provided herein may be made, and the compensation to be paid to CM@Risk the CM@R may accordingly be adjusted accordingly solely at by mutual agreement of the discretion of Citycontracting parties. No claim for extra Work work done or materials furnished by CM@Risk the CM@R will be allowed by City GILBERT except as provided herein, nor will CM@Risk the CM@R do any work or furnish any material(s) not covered by this Contract unless such work or material is previously first authorized in writing by Citywriting. Work or material(s) furnished by CM@Risk the CM@R without such prior written authorization shall will be at CM@Riskthe CM@R’s sole jeopardy, cost cost, and expense, and CM@Risk the CM@R hereby agrees that without prior written authorization no claim for compensation for such work or materials furnished will be made.

Appears in 1 contract

Samples: Pre Construction Services Contract

Alteration in Character of Work. In the event an alteration or modification in the character of Work work or Deliverable results in a substantial change in this Contract, thereby deliverable materially increasing increases or decreasing decreases the scope of servicesservice, costs cost of performance performance, or Project scheduleMaster Schedule as determined by the Town, the Work or Deliverable deliverable will nonetheless be performed as directed by Citythe Town. However, before any altered or modified Work work begins, a Change Directive or Change Order or Amendment must be approved and executed by City, the Town and executed by CM@Riskthe Contractor to address such change. Such Change Directive or Change Order or Amendment will not be effective unless until approved by Citythe Town. Additions to, modifications to, or deletions from the Project provided herein may be made, and the compensation to be paid to CM@Risk the Contractor may be adjusted accordingly solely at accordingly, only by mutual agreement of the discretion of CityParties. No claim for extra Work work done or materials furnished by CM@Risk the Contractor will be allowed by City the Town except as provided herein, nor will CM@Risk the Contractor do any work or furnish any material(s) not covered by this Contract Agreement unless such work or material is previously first authorized in writing by Citythe Town. Work or material(s) furnished by CM@Risk the Contractor without such prior prior, written authorization shall will be at CM@Riskthe Contractor’s sole jeopardy, cost cost, and expense, and CM@Risk the Contractor hereby agrees that that, without prior prior, written authorization authorization, no claim for compensation for such work or materials furnished will be made.

Appears in 1 contract

Samples: Design Build Agreement

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Alteration in Character of Work. In the event an alteration or modification in the character of Work work or Deliverable results in a substantial change in this Contract, thereby deliverable materially increasing increases or decreasing decreases the scope of servicesservice, costs cost of performance performance, or Project scheduleMaster Schedule as determined by the District, the Work or Deliverable deliverable will nonetheless be performed as directed by Citythe District. However, before any altered or modified Work work begins, a Change Directive or Change Order or Amendment must be approved and executed by City, the District and executed by CM@Riskthe Construction Manager to address such change. Such Change Directive or Change Order or Amendment will not be effective unless until approved by Citythe District. Additions to, modifications to, or deletions from the Project provided herein may be made, and the compensation to be paid to CM@Risk the Construction Manager may be adjusted accordingly solely at accordingly, only by mutual agreement of the discretion of CityParties. No claim for extra Work work done or materials furnished by CM@Risk the Construction Manager will be allowed by City the District except as provided herein, nor will CM@Risk the Construction Manager do any work or furnish any material(s) not covered by this Contract Agreement unless such work or material is previously first authorized in writing by Citythe District. Work or material(s) furnished by CM@Risk the Construction Manager without such prior written authorization shall will be at CM@Riskthe Construction Manager’s sole jeopardy, cost cost, and expense, and CM@Risk the Construction Manager hereby agrees that that, without prior written authorization authorization, no claim for compensation for such work or materials furnished will be made.

Appears in 1 contract

Samples: Construction Manager at Risk Agreement

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