Common use of Change in Services Clause in Contracts

Change in Services. Change in services of the Architect/Engineer, including services required of the Architect/Engineer’s consultants, may be accomplished after execution of this Agreement without invalidating the Agreement. A change in the project scope or program is not prima facie evidence that the Architect/Engineer shall be due additional fees nor does such a change necessarily indicate a change in services. The parties shall negotiate and enumerate changes in services by signed, written addendum to this Agreement except for Supplemental Services agreed to by the Owner. A supplemental service agreed to by the Owner may be billed directly as part of the Architect/Engineer’s pay requests without addendum. Such supplemental services do not invalidate any portion of this Agreement. The Architect/Engineer shall promptly notify the Owner prior to providing any services it considers to be a change from those enumerated in this Agreement. If the Owner deems that all or a part of such services are not required, the Owner shall give prompt notice to the Architect/Engineer, and the Architect/Engineer shall have no obligation to provide those services. If the Owner deems that all or a part of such services are required, the Owner shall give prompt notice to the Architect/Engineer, and the two parties shall negotiate an appropriate change in services addendum to this agreement. The Owner may determine that all or part of such services are required but is not obligated to agree that such services are a change in the services of the Architect/Engineer. All such instances shall be subject to the “Dispute Resolution” article of this Agreement. The Architect/Engineer shall continue faithful performance of services, including matters in dispute. None of the following circumstances are prima facie evidence that the Architect/Engineer is experiencing a change in services for the Project, due adjustment to the schedule, or due additional compensation: change in the instructions or approvals given by the Owner that necessitate revisions in Initial Information document, Project Program, Project Budget, Project Schedule, design, or Contract Documents unless such changes are extensive, significantly alter the basic concepts of the Project, or are done so before completion of Design Development (or Preliminary Design); enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Contract Documents as the Architect/Engineer is charged with being familiar with all such items and with coordinating all issues with officials having jurisdiction; unless there is significant change in the Project size and complexity as a result of changes to the Project Program; performance or failure of performance on the part of the Owner or the Owner’s consultants or contractors unless such performance or failure are demonstrated to have damaged the Architect/Engineer; a dispute resolution proceeding or a legal proceeding related to the Project either during design, construction, warranty, or prior to the expiration of any applicable statute of limitations; or, the Owner’s increasing the Project Budget or the Estimated Construction Cost to adequately fund the Project Program or at any phase of design or bidding, or extension of the Project Schedule.

Change in Services. 1.8.1 Change in services of the Architect/Engineer, including services required of the Architect/Engineer’s consultants, may be accomplished after execution of this Agreement without invalidating the Agreement. . 1.8.2 A change in the project scope or program is not prima facie evidence that the Architect/Engineer shall be due additional fees nor does such a change necessarily indicate a change in services. . 1.8.3 The parties shall negotiate and enumerate changes in services by signed, written addendum to this Agreement except for Supplemental Services agreed to by the Owner. A supplemental service agreed to by the Owner may be billed directly as part of the Architect/Engineer’s pay requests without addendum. Such supplemental services do not invalidate any portion of this Agreement. . 1.8.4 The Architect/Engineer shall promptly notify the Owner prior to providing any services it considers to be a change from those enumerated in this Agreement. . 1.8.4.1 If the Owner deems that all or a part of such services are not required, the Owner shall give prompt notice to the Architect/Engineer, and the Architect/Engineer shall have no obligation to provide those services. . 1.8.4.2 If the Owner deems that all or a part of such services are required, the Owner shall give prompt notice to the Architect/Engineer, and the two parties shall negotiate an appropriate change in services addendum to this agreement. . 1.8.4.3 The Owner may determine that all or part of such services are required but is not obligated to agree that such services are a change in the services of the Architect/Engineer. All such instances shall be subject to the “Dispute Resolution” article of this Agreement. The Architect/Engineer shall continue faithful performance of services, including matters in dispute. . 1.8.5 None of the following circumstances are prima facie evidence that the Architect/Engineer is experiencing a change in services for the Project, due adjustment to the schedule, or due additional compensation: : 1.8.5.1 change in the instructions or approvals given by the Owner that necessitate revisions in Initial Information documentdocument or MSU supplied information, Project Program, Project Budget, Project Schedule, design, or Contract Documents unless such changes are extensive, significantly alter the basic concepts of the Project, or are done so before completion of Design Development (or Preliminary Design); ; 1.8.5.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Contract Documents as the Architect/Engineer is charged with being familiar with all such items and with coordinating all issues with officials having jurisdiction; ; 1.8.5.3 unless there is significant change in the Project size and complexity as a result of changes to the Project Program; ; 1.8.5.4 performance or failure of performance on the part of the Owner or the Owner’s consultants or contractors unless such performance or failure are demonstrated to have damaged the Architect/Engineer; ; 1.8.5.5 a dispute resolution proceeding or a legal proceeding related to the Project either during design, construction, warranty, or prior to the expiration of any applicable statute of limitations; or, , 1.8.5.6 the Owner’s increasing the Project Budget or the Estimated Construction Cost to adequately fund the Project Program or at any phase of design or bidding, or extension of the Project Schedule.