Common use of Change Directive Clause in Contracts

Change Directive. 6.3.1 If the Owner requires the Contractor to proceed with a Change in the Scope of the Work prior to the Owner and the Contractor agreeing upon the adjustment in the Guaranteed Price and in the Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive can only be used by the Owner to direct a Change in the Scope of the Work which is within the general scope of the Contract Documents. 6.3.3 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the Change in the Scope of the Work, in which case any adjustment to the Guaranteed Price shall be determined on the basis set forth in GC 6.2.3.2 having regard to GC 6.2.4. 6.3.4 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time required as a result of a Change Directive, the Cost of the Work incurred (determined on the basis of the “Cost” as set out in GC 6.2.3.2) as the result of a Change Directive is eligible to be included in the Additional Owner Payments, notwithstanding the limit imposed by the Guaranteed Price. Costs to complete the Work authorized by the Change Directive, including all labour and materials, shall be authorized by the Owner daily or every other day. 6.3.5 If the Owner and the Contractor do not agree on the proposed Overhead and Profit Fee, the proposed adjustment in the Guaranteed Price, in the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for determination on the same basis as a Change Order and shall be recorded in a Change Order. 6.3.6 If at any time after the start of the Work directed by a Change Directive, the Owner and the Contractor reach agreement on the Overhead and Profit Fee, on the adjustment to the Guaranteed Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and the Contractor. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.

Appears in 4 contracts

Samples: Guaranteed Price Contract, Guaranteed Price Contract, Guaranteed Price Contract

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Change Directive. 6.3.1 If the Owner requires the Contractor to proceed with a Change change in the Scope of the Work prior to the Owner and the Contractor agreeing upon the corresponding adjustment in the Guaranteed Contract Price and in the Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive can shall only be used by the Owner to direct a Change change in the Scope of the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the Change change in the Scope Work. 6.3.5 For the purpose of valuing Change Directives, changes in the Work, Work that are not substitutions or otherwise related to each other shall not be grouped together in which case any the same Change Directive. 6.3.6 The adjustment to in the Guaranteed Contract Price for a change carried out by way of a Change Directive shall be determined on the basis set forth in GC 6.2.3.2 having regard to GC 6.2.4. 6.3.4 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time required as a result of a Change Directive, the Cost cost of the Work incurred (determined on the basis of the “Cost” as set out in GC 6.2.3.2) as the result of a Change Directive is eligible Contractor’s actual expenditures and savings attributable to be included in the Additional Owner Payments, notwithstanding the limit imposed by the Guaranteed Price. Costs to complete the Work authorized by the Change Directive, including all labour valued in accordance with paragraph 6.3.7 and materialsas follows: .1 If the change results in a net increase in the Contractor’s cost, the Contract Price shall be authorized increased by the Owner daily or every other dayamount of the net increase in the Contractor’s cost, plus the Contractor’s percentage fee on such net increase. 6.3.5 .2 If the change results in a net decrease in the Contractor’s cost, the Contract Price shall be decreased by the amount of the net decrease in the Contractor’s cost, without adjustment for the Contractor’s percentage fee. .3 The Contractor’s fee shall be as specified in the Contract Documents or as otherwise agreed by the parties. 6.3.7 The cost of performing the work attributable to the Change Directive shall be limited to the actual cost of the following: .1 salaries, wages and benefits paid to personnel in the direct employ of the Contractor under a salary or wage schedule agreed upon by the Owner and the Contractor do not agree on the proposed Overhead and Profit Fee, the proposed adjustment in the Guaranteed Price, in the Contract TimeContractor, or in the method absence of determining themsuch a schedule, actual salaries, wages and benefits paid under applicable bargaining agreement, and in the adjustment shall be referred to absence of a salary or wage schedule and bargaining agreement, actual salaries, wages and benefits paid by the Consultant Contractor, for determination personnel (1) stationed at the Contractor’s field office, in whatever capacity employed; (2) engaged in expediting the production or transportation of material or equipment, at shops or on the same basis road; (3) engaged in the preparation or review of Shop Drawings, fabrication drawings, and coordination drawings; or (4) engaged in the processing of changes in the Work. .2 contributions, assessments or taxes incurred for such items as a Change Order employment insurance, provincial or territorial health insurance, workers' compensation, and shall be recorded in a Change Order. 6.3.6 If at any time after the start Canada or Quebec Pension Plan, insofar as such cost is based on wages, salaries or other remuneration paid to employees of the Work directed by a Change Directive, Contractor and included in the Owner cost of the work as provided in paragraphs 6.3.7.1; .3 travel and the Contractor reach agreement on the Overhead and Profit Fee, on the adjustment to the Guaranteed Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and subsistence expenses of the Contractor. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain 's personnel described in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.paragraphs 6.3.7.1;

Appears in 2 contracts

Samples: Unit Price Contract, Unit Price Contract

Change Directive. 6.3.1 If the Owner requires the Contractor to proceed with a Change in the Scope of the Work prior to the Owner and the Contractor agreeing upon the adjustment in the Guaranteed Price and in the Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive can only be used by the Owner to direct a Change in the Scope of the Work which is within the general scope of the Contract Documents. 6.3.3 Upon receipt of a Change Directive, the Contractor shall proceed promptly with the Change in the Scope of the Work, in which case any adjustment to the Guaranteed Price shall be determined on the basis set forth in GC 6.2.3.2 having regard to GC 6.2.4. 6.3.4 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time required as a result of a Change Directive, the Cost of the Work incurred (determined on the basis of the “Cost” as set out in GC 6.2.3.2) as the result of a Change Directive is eligible to be included in the Additional Owner Payments, notwithstanding the limit imposed by the Guaranteed Price. Costs to complete the Work authorized by the Change Directive, including all labour and materials, shall be authorized by the Owner daily or every other day. 6.3.5 If the Owner and the Contractor do not agree on the proposed Overhead and Profit FeeXxx, the proposed adjustment in the Guaranteed Price, in the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for determination on the same basis as a Change Order and shall be recorded in a Change Order. 6.3.6 If at any time after the start of the Work directed by a Change Directive, the Owner and the Contractor reach agreement on the Overhead and Profit Fee, on the adjustment to the Guaranteed Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and the Contractor. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.

Appears in 2 contracts

Samples: Guaranteed Price Contract, Guaranteed Price Contract

Change Directive. 6.3.1 If 5.1.1 Owner may, without invalidating the Owner requires the Contractor to proceed with Contract, direct a Change change in the Scope of the Work prior to the Owner and the Contractor agreeing upon the adjustment in the Guaranteed Price and may state a proposed basis for adjustment, if any, in the Contract TimeSum, the OwnerRequired Substantial Completion Date, through the Consultantor Required Final Completion Date, shall issue or any combination of them, by a Change Directive.” Upon receipt of the Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise Owner of its disagreement, if any, with the proposed adjustment of the Contract Sum, Required Substantial Completion Date and Required Final Completion Date, if any. 6.3.2 5.1.2 A Change Directive can only be used signed by Contractor indicates the Owner to direct a Change in the Scope agreement of the Work which is within the general scope Contractor therewith, including adjustment of the Contract Documents. 6.3.3 Upon Sum, Required Substantial Completion Date or Required Final Completion Date, if such is proposed by Owner. Such agreement shall be effective immediately and shall be an “Agreed Change,” which term, as used herein, shall mean any change in the Work as to which Contractor and Owner have agreed as any changes in the Contract Sum, the Required Substantial Completion Date and the Required Final Completion Date. If no such agreement is reached, Contractor shall give notice to Architect and Owner of its objection to the change, if any, in the Contract Sum, Required Substantial Completion Date and/or Required Final Completion Date proposed in the Change Directive within five (5) business days after receipt of a the Change Directive. If Contractor fails to give such notice within such time, Contractor shall be deemed to have agreed to the proposal contained in the Change Directive, the Contractor shall proceed promptly with and the Change in the Scope Directive shall become an Agreed Change. 5.1.3 If Contractor timely objects to any adjustment of the WorkContract Sum, in which case any adjustment to the Guaranteed Price shall be determined on the basis set forth in GC 6.2.3.2 having regard to GC 6.2.4. 6.3.4 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time required Required Substantial Completion Date or Required Final Completion Date as a result of a Change Directive, the Cost of the Work incurred (determined on the basis of the “Cost” as set out then, unless otherwise agreed in GC 6.2.3.2) as the result of a Change Directive is eligible to be included in the Additional Owner Payments, notwithstanding the limit imposed writing by the Guaranteed Price. Costs to complete Parties, the Work authorized by the Change Directive, including all labour and materials, disagreement shall be authorized by the Owner daily or every other daya Dispute and may be submitted to Dispute Resolution. 6.3.5 If the Owner and the Contractor do not agree on the proposed Overhead and Profit Fee, the proposed adjustment in the Guaranteed Price, in the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for determination on the same basis as a Change Order and shall be recorded in a Change Order. 6.3.6 If at any time after the start of the Work directed by a Change Directive, the Owner and the Contractor reach agreement on the Overhead and Profit Fee, on the adjustment to the Guaranteed Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and the Contractor. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.

Appears in 1 contract

Samples: Architect Agreement

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Change Directive. 6.3.1 If the Owner requires the Contractor Construction Manager to proceed with a Change change in the Scope of the Work prior to the Owner and the Contractor Construction Manager agreeing upon the any corresponding adjustment in the Construction Manager’s Fee, the Guaranteed Maximum Price and in the Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive can shall only be used by the Owner to direct a Change change in the Scope of the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor Construction Manager shall proceed promptly with the Change change in the Scope Work. 6.3.5 If no method of adjustment is agreed: .1 the Work, adjustment in which case any adjustment to the Guaranteed Price Construction Manager’s Fee for a change carried out by way of a Change Directive shall be determined on the basis set forth of the changes in GC 6.2.3.2 having regard to GC 6.2.4costs of the Construction Manager; and .2 the Guaranteed Maximum Price shall be adjusted by the changes in the Cost of Work and in the Construction Manager’s Fee for the Work resulting from a Change Directive. 6.3.4 6.3.6 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time Construction Manager’s Fee required as a result of a Change Directive, the Cost of the Work incurred (determined on and the basis undisputed amount of the “Cost” as set out in GC 6.2.3.2) Construction Manager’s Fee as the result of a Change Directive is eligible to be included in the Additional Owner Paymentsprogress payments, notwithstanding the limit imposed by the Guaranteed Maximum Price. Costs to complete the Work authorized by the Change Directive, including all labour and materials, shall be authorized by the Owner daily or every other day. 6.3.5 6.3.7 If the Owner and the Contractor Construction Manager do not agree on the proposed Overhead and Profit adjustment in the Construction Manager’s Fee, the proposed adjustment in the Guaranteed Maximum Price, in the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for determination on the same basis as a Change Order and shall be recorded in a Change Orderfinding. 6.3.6 If at any time after the start of the Work directed by a Change Directive, 6.3.8 When the Owner and the Contractor Construction Manager reach agreement on the Overhead and Profit Fee, on the adjustment to the Construction Manager’s Fee, the Guaranteed Maximum Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and the ContractorOrder. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.

Appears in 1 contract

Samples: Agreement Between Owner and Construction Manager

Change Directive. 6.3.1 If the Owner requires the Contractor Construction Manager to proceed with a Change change in the Scope of the Work prior to the Owner and the Contractor Construction Manager agreeing upon the any corresponding adjustment in the Construction Manager’s Fee, the Guaranteed Maximum Price and in the Contract Time, the Owner, through the Consultant, shall issue a Change Directive. 6.3.2 A Change Directive can shall only be used by the Owner to direct a Change change in the Scope of the Work which is within the general scope of the Contract Documents. 6.3.3 A Change Directive shall not be used to direct a change in the Contract Time only. 6.3.4 Upon receipt of a Change Directive, the Contractor Construction Manager shall proceed promptly with the Change change in the Scope Work. 6.3.5 If no method of adjustment is agreed: .1 the Work, adjustment in which case any adjustment to the Guaranteed Price Construction Manager’s Fee for a change carried out by way of a Change Directive shall be determined on the basis set forth of the changes in GC 6.2.3.2 having regard to GC 6.2.4costs of the Construction Manager; and .2 the Guaranteed Maximum Price shall be adjusted by the changes in the Cost of Work and in the Construction Manager’s Fee for the Work resulting from a Change Directive. 6.3.4 6.3.6 Pending determination of the Overhead and Profit Fee, the adjustment to the Guaranteed Price and to the Contract Time Construction Manager’s Fee required as a result of a Change Directive, the Cost of the Work incurred (determined on and the basis undisputed amount of the “Cost” as set out in GC 6.2.3.2) Construction Manager’s Fee as the result of a Change Directive is eligible to be included in the Additional Owner Paymentsprogress payments, notwithstanding the limit imposed by the Guaranteed Maximum Price. Costs to complete the Work authorized by the Change Directive, including all labour and materials, shall be authorized by the Owner daily or every other day. 6.3.5 6.3.7 If the Owner and the Contractor Construction Manager do not agree on the proposed Overhead and Profit adjustment in the Construction Manager’s Fee, the proposed adjustment in the Guaranteed Maximum Price, in the Contract Time, or in the method of determining them, the adjustment shall be referred to the Consultant for determination on the same basis as a Change Order and shall be recorded in a Change Orderfinding. 6.3.6 If at any time after the start of the Work directed by a Change Directive, 6.3.8 When the Owner and the Contractor Construction Manager reach agreement on the Overhead and Profit Fee, on the adjustment to the Construction Manager’s Fee, the Guaranteed Maximum Price and to the Contract Time, this agreement shall be recorded in a Change Order signed by Owner and the ContractorOrder. 6.3.7 Following the start of the Work directed by a Change Directive, the Contractor will maintain in accordance with industry standard records to support the Cost of the Work under GC 6.2.6 in respect of the Work under the Change Directive.

Appears in 1 contract

Samples: Construction Manager Agreement

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