Change Directives. § 6.3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, and Contract Time being adjusted accordingly.
§ 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order.
§ 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design-Build Amendment, an adjustment in the Design-Builder’s compensation, the adjustment shall be based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;
.2 Unit prices stated in the Design-Build Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 6.3.7.
§ 6.3.4 If unit prices are stated in the Design-Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design-Builder, the applicable unit prices shall be equitably adjusted.
§ 6.3.5 Upon receipt of a Change Directive, the Design-Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design-Builder’s agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, or Contract Time.
§ 6.3.6 A Change Directive signed by the Design-Builder indicates the Design-Builder’s agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, and Contract Time or the method for determin...
Change Directives. The following procedures shall apply with respect to Change Directives:
6.2.1 Upon receipt of a Change Directive signed by the Owner, the Design/Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design/Builder's agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the GMP or the Schedule. If the Design/Builder receives a written communication signed by the Owner which the Design/Builder believes is a Change Directive but is not so identified, it shall not proceed with the change in the Work until it receives from the Owner a written confirmation that such communication is in fact a Change Directive.
6.2.2 A Change Directive signed by the Design/Builder indicates the agreement of the Design/Builder with the contents thereof, and shall convert the Change Directive to a Change Order.
6.2.3 If the Design/Builder does not respond promptly or disagrees with the method for adjustment in the GMP or Schedule, the method and adjustment shall be determined as provided in Sections 6.5 or 6.10 below, as applicable. In such case, the Design/Builder shall keep and present, in such form as the Owner may request, an itemized accounting, together with appropriate supporting data.
6.2.4 Pending final determination of cost to the Owner, amounts not in dispute shall be included in Applications for Payment. The amount of credit to be allowed by the Design/Builder to the Owner for a deletion or change which results in a net decrease in the GMP
6.2.5 If the Owner and the Design/Builder do not agree with the adjustment in Schedule or the GMP, such disagreement shall be determined as provided in Section 11.1.
Change Directives. 7.13.1 A Change Directive may, if necessary:
7.13.1.1 State a proposed basis for adjustment, if any, in the Contract Sum or Contract Times, or both; or
7.13.1.2 Limit the scope of the change in the Work by a fixed adjustment of the Contract Sum.
7.13.2 If a change in the Contractor’s Work must start immediately to avoid an imminent impact to the schedule of the Project, the A/E shall prepare a Change Directive, for the Contracting Authority and Owner’s signatures pursuant to Section 7.13.1, authorizing the Contractor to proceed.
7.13.3 A Change Directive shall be used to direct a change in a Contractor’s Work in the absence of total agreement on the terms of a Change Order.
7.13.3.1 A Change Directive may also be used in the absence of agreement as to whether the subject of the Change Directive actually constitutes a change in the Work.
7.13.4 If the Project is administered using the State’s web-based project management software, the A/E shall prepare and recommend Change Directives for approval, using the “Change Order” or “Contract Modifications” business process with the “Change Directive” workflow.
Change Directives. 10.2.1 A “Change Directive” is a written order prepared by the Design Professional and signed by Owner, directing a change in the Work at a point in time prior to agreement on an adjustment in GMP or the Contract Time(s) of performance or both. By issuance of a written change directive, Owner, at any time, may make any such changes within the general scope of the Agreement or issue additional instructions, require additional or modified Work, or direct deletion of Work. Upon receipt of a change directive, the CM@Risk shall promptly proceed with the change in the Work and promptly advise the Owner of the CM@Risk’s agreement or disagreement with the proposed method of adjustment for GMP or the Contract Time or both.
10.2.2 Owner and CM@Risk shall negotiate, in good faith and as expeditiously as possible, the appropriate adjustments resulting from the Change Directive, and agreement reached shall be effective immediately and memorialized by preparation and execution of an appropriate amendment or change order. If the Parties fail to reach an agreement, the CM@Risk shall be entitled to proceed in accordance with Section 11 of this Agreement.
Change Directives. 7.4.1 A Change Directive is a written order prepared by the A/E and executed by the Contracting Authority directing a change in the Work and may, if necessary:
7.4.1.1 state a proposed basis for adjustment, if any, in the Contract Sum or Contract Times, or both; or
7.4.1.2 limit the scope of the change in the Work on a time and materials basis, not to exceed a fixed adjustment of the Contract Sum.
7.4.2 If a change in the Work must start immediately to avoid an imminent impact to the schedule of the Project, the A/E may prepare a Change Directive for the Contracting Authority’s and Owner’sthe Owner’s signatures pursuant to Section 7.4.17.4.1, authorizing the Contractor to proceed.
7.4.3 A Change Directive shall be used to direct a change in the Work in the absence of total agreement on the terms of a Change Order.
7.4.3.1 For the purposes of clarity, the Contract refers to a Change Directive as if it is only to be used in the absence of total agreement on the terms of a Change Order concerning the associated change of the Work. A Change Directive may also be used in the absence of agreement as to whether the subject of the Change Directive actually constitutes a change in the Work; such as in the situation described under Section 7.5.3.
7.4.4 Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work involved.
7.4.5 The Contractor may sign the Change Directive to accept the proposed basis for adjustment, if any, of the Contract Sum or Contract Times, or both. Thereafter, the A/E shall prepare and the A/E, Contracting Authority, Owner, and Contractor shall promptly execute an associated Change Order as described under Section 7.2. Version Control Document
7.4.6 Within 14 days after receiving the Change Directive, the Contractor shall respond with a Proposal meeting the requirements of Section 7.
3.1 to the A/E and the Contracting Authority for adjustment of the Contract Sum or Contract Times, or both, on account of the change, unless the Change Directive is performed on a time and materials basis under Section 7.4.
Change Directives. 3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, and Contract Time being adjusted accordingly.
Change Directives. 11.2.1 A change directive is a written order, prepared on the Owner’s Construction Change Directive (“CCD”) form, and signed by Owner, directing a change in the Work at a point in time prior to agreement on an adjustment in Contract Price or the Contract Time(s) of performance or both. By issuance of a written change directive, Owner, at any time, may make any such changes within the general scope of the Agreement or issue additional instructions, require additional or modified Work, or direct deletion of Work. Upon receipt of a change directive, the Contractor shall promptly proceed with the change in the Work and promptly advise the Owner of the Contractor’s agreement or disagreement with the proposed method of adjustment for Contract Price or the Contract Time or both.
11.2.2 Owner and Contractor shall negotiate, in good faith and as expeditiously as possible, the appropriate adjustments resulting from the change in Work, and agreement reached shall be effective immediately and memorialized by preparation and execution of an appropriate amendment or change order.
Change Directives. 9.1.1 MSA may, without invalidating the Agreement, and without notice to or approval of any surety, order changes in the Services required under the Agreement, including additions, deletions or modifications. Any such change must be conveyed by MSA to Contractor via an executed written change directive (a “Change Directive”). Subject to provision of prompt notice set forth in subsection 9.1.2, Contractor may be entitled to a Change Directive extending the time for performance, or increasing the price for Services, upon discovery of conditions or events (together “Conditions”) having a material impact on the schedule or the cost.
Change Directives. A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Failure to subsequently agree upon a change in the Contract Time and/or Contract Sum shall be subject to the Dispute Resolution provisions set forth in Article 10.
Change Directives. § 6.3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder’s compensation, and Contract Time being adjusted accordingly. The Owner may also order minor changes in the Work not involving an adjustment to the Contract Sum or the Contract Time, which will be affected by written order that the Design Builder must perform promptly.
§ 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order.
§ 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design-Build Amendment, an adjustment in the Design-Builder’s compensation, the adjustment shall be based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;
.2 Unit prices stated in the Design-Build Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the Parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 6.3.7.
