Change Order Disputes Sample Clauses

Change Order Disputes. If the Contractor disputes a change order following a reasonable effort by the City and the Contractor to resolve the dispute including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed change order, whichever is later. In performing Work consistent with a disputed change order pursuant to this provision, the Contractor will have all of the Contractor’s rights concerning claims pursuant to the Contract Documents and applicable law.
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Change Order Disputes. SECTION V - CONTROL OF WORK GP-9
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Change Order Disputes. If VPRA and Contractor cannot agree on (i) whether certain matters constitute a Relief Event, (ii) whether a Change Order is required under this Article 14 of these General Terms and Conditions, or (iii) the amount of the adjustments in the Contract Price and/or the Completion Deadline proposed within a Change Order issued under this Article 14 of these General Terms and Conditions, then such matters will be considered a Dispute eligible for resolution under Article 20 of these General Terms and Conditions, provided that Contractor has first complied with the requirements of this Article 14 of these General Terms and Conditions.
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Change Order Disputes. If the Parties are unable to reach agreement on a Change Order, or the effects (if any) on the Project Schedule, Contract Price or, in the case of a Change Order Request by Contractor, other Subcontractor obligations under this Agreement, then either Party may submit the matter to dispute resolution pursuant to Section 13.9. Subcontractor shall not suspend, in whole or in part, performance of this Agreement during any dispute over any Change Order other than with respect to the Work that is the subject of the Change Order. Contractor shall continue to pay undisputed amounts.
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Change Order Disputes. If Owner and Builder cannot agree on whether certain matters constitute a Change Order, whether a Change Order is required under Section 10.6(a), or the amount of the adjustments in the Contract Price and/or the Delivery Dates of a Change Order proposed under Sections 10.3 or 10.6, then such dispute shall be submitted to resolution pursuant to Article 27 and: (i) in the case of a Change Order under Section 10.6(a), Builder may proceed with the Change Order; and (ii) in all other cases, Owner shall have the right to direct in writing that Builder proceed with the Change Order, subject to Section 10.1. Without prejudice to each Party’s position in such dispute, in each such instance, the work or other matters contemplated by the proposed Change Order shall be done on the following basis:
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Change Order Disputes. This process is to be used where there is a disagreement between the parties involving either the contents or pricing of a Change Order Request, or a Change Order; The dispute will first be referred to the Governance Process for a resolution. If there has been no resolution of the dispute from the Governance Process and if the dispute involves an amount that is more than the greater of $30,000 or 7% of the amount of the Change Order, the parties will jointly retain an independent third party consultant, with recognized expertise in the subject area to provide an opinion on the dispute; in preparing the opinion, the consultant will be directed to consider all relevant information including the complexity of the solution, the skill level and hourly rates of the staff of the Contractor assigned to the execution of the Change Order, and the number of days that are estimated to be required for each resource assigned to the task; the consultant must not be a Competitor of the Contractor; The parties will utilize all commercially reasonable efforts to resolve the dispute on the basis of the consultant's report, but if they are unable to do so, the dispute will resolved by the decision of a sole arbitrator appointed pursuant the provisions of section 43.4 of the Agreement, which decision will be final and binding on the parties. The Arbitrator hearing the dispute may have reference to and rely upon the opinion of the consultant prepared as directed herein.
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Change Order Disputes 
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Related to Change Order Disputes

  • Invoice Disputes If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

  • Other Disputes Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.

  • Arbitration; Other Disputes In the event of any dispute or controversy arising under or in connection with this Agreement, the parties shall first promptly try in good faith to settle such dispute or controversy by mediation under the applicable rules of the American Arbitration Association before resorting to arbitration. In the event such dispute or controversy remains unresolved in whole or in part for a period of thirty (30) days after it arises, the parties will settle any remaining dispute or controversy exclusively by arbitration in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding the above, the Company shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of Paragraph 4 or 5 hereof.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Settlement of Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Patent Disputes Notwithstanding any other provisions of this Article 11, and subject to the provisions of Section 6.2, any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Intrexon Patents shall be submitted to a court of competent jurisdiction in the country in which such Patent was filed or granted.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • Settlement of Disputes; Arbitration 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive's claim has been denied.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

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