Common use of Change Order Procedure Clause in Contracts

Change Order Procedure. Except as otherwise stated in this Contract, no alterations, additions or deletions will be made to the Improvements or Property unless agreed to in writing by Buyer and Builder. To approve a proposed change, both Buyer and Builder shall sign a written agreement (Change Order) in the form attached. Upon receiving from Buyer a written request for any change, Builder will present Buyer with a proposal for the changes including any increase in the Total Sales Price and any extensions to the Closing Date. If Xxxxx accepts Builder's proposal for changes, the Change Order will become a binding attachment to this Contract, and to the extent a conflict between a Change Order and this Contract exists, the terms of the Change Order shall control. Any Buyer party may sign the Change Order as agent for the other, and the signature of one Buyer shall be binding on all others; an email from one Buyer concerning a Change Order also binds all Buyers. Builder may, at its discretion, but is not required to, treat an email exchange between Buyer and Builder, in which the changes are acknowledged by Buyer as constituting a signed Change Order for purposes of this Section 11 and this Contract and of Buyer(s) acceptance of the additional price, Builder’s compensation, and extensions to the Projected Completion Date, resulting from such change(s). Except where Builder chooses to treat an exchange of emails as constituting an acceptance of Builder’s proposal concerning a change, failure of Buyer to approve Builder's proposal for changes within three (3) days after receipt shall constitute a rejection of the proposal. Builder shall be reimbursed at $50.00 per hour, with a minimum $100, for all expenses and effort incurred in the production of any Change Order proposal not accepted by Buyer within Builder discretion. Builder may disallow any and all Change Orders in Builder’s sole and exclusive discretion.

Appears in 2 contracts

Samples: Residential Completed Home Contract, Residential Completed Home Contract

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Change Order Procedure. Except as otherwise stated in this Contract, no alterations, additions additions, or deletions will be made to in the Improvements or Property Work unless agreed to in writing by Buyer Xxxxx and Builder. To approve a proposed change, both Buyer and Builder shall sign a written agreement (Change Order) in the form attachedattached hereto. Upon receiving from Buyer a written request for any changesuch change that details the nature of the changes to be made, Builder will shall present Buyer with a proposal for the changes including any increase in the Total Sales Price additional price of construction, additional Builder's compensation, and any extensions to the Closing Projected Completion Date. If Xxxxx accepts Builderaccepts, in writing, Xxxxxxx's proposal for changes, the Change Order will become a binding attachment to this Contractthe Construction Documents, and to the extent a conflict between a Change Order and this Contract the Construction Documents exists, the terms of the Change Order shall control. Any Buyer party (e.g. husband or wife) may sign the Change Order as agent for the other, and the signature of one Buyer shall be binding on all others; an email from one Buyer concerning a Change Order also binds all Buyersthe other. Builder may, at its discretion, but is not required to, treat an email exchange between Buyer and Builder, in which the changes are acknowledged by Buyer as constituting a signed Change Order for purposes of this Section 11 and this Contract and of Buyer(s) acceptance of the additional price, Builder’s compensation, and extensions to the Projected Completion Date, resulting from such change(s). Except where Builder chooses to treat an exchange of emails as constituting an acceptance of Builder’s proposal concerning a change, failure Failure of Buyer to approve Builder's proposal for changes within three (3) days after receipt shall constitute a rejection of the proposal. Builder shall be reimbursed at $50.00 $ 150.00 per hour, with a minimum $100fifty dollars, for all expenses and effort incurred in the production of any Change Order proposal not accepted by Buyer the Buyer. Unless otherwise specified in agreed upon Change Orders, Xxxxx shall pay for all agreed upon Change Orders including the additional Builder's compensation to Builder in cash or immediately available funds within Builder discretionthree (3) business days after Buyer's acceptance ofthe proposal. Builder may disallow will not be obliged to proceed with any and all Work until any such amounts have been paid as agreed. Builder has no obligation to stop the Work while Change Orders in Builder’s sole and exclusive discretionare being discussed.

Appears in 1 contract

Samples: Residential Construction Contract

Change Order Procedure. Except as otherwise stated in this Contract, no alterations, additions or deletions will be made to in the Improvements or Property Work unless agreed to in writing by Buyer and Builder. To approve a proposed change, both Buyer and Builder shall sign a written agreement (Change Order) in the form attachedattached hereto. Upon receiving from Buyer a written request for any changesuch change that details the nature of the changes to be made, Builder will shall present Buyer with a proposal for the changes including any increase in the Total Sales Price additional price of construction, additional Builder's compensation and any extensions to the Closing Projected Completion Date. If Xxxxx accepts Buyer accepts, in writing, Builder's proposal for changes, the Change Order will become a binding attachment to this Contractthe Construction Documents, and to the extent a conflict between a Change Order and this Contract the Construction Documents exists, the terms of the Change Order shall control. Any Buyer party (e.g. husband or wife) may sign the Change Order as agent for the other, and the signature of one Buyer shall be binding on all others; an email from one Buyer concerning a Change Order also binds all Buyersthe other. Builder may, at its discretion, but is not required to, treat an email exchange between Buyer and Builder, in which the changes are acknowledged by Buyer as constituting a signed Change Order for purposes of this Section 11 and this Contract and of Buyer(s) acceptance of the additional price, Builder’s compensation, and extensions to the Projected Completion Date, resulting from such change(s). Except where Builder chooses to treat an exchange of emails as constituting an acceptance of Builder’s proposal concerning a change, failure Failure of Buyer to approve Builder's proposal for changes within three (3) days after receipt shall constitute a rejection of the proposal. Builder shall be reimbursed at $50.00 $ per hour, with a minimum $100fifty dollars, for all expenses and effort incurred in the production of any Change Order proposal not accepted by the Buyer. Unless otherwise specified in agreed upon Change Orders, Buyer shall pay for all agreed upon Change Orders including the additional Builder's compensation to Builder in cash or immediately available funds within Builder discretionthree (3) business days after Buyer's acceptance of the proposal. Builder may disallow will not be obliged to proceed with any and all Work until any such amounts have been paid as agreed. Builder has no obligation to stop the Work while Change Orders in Builder’s sole and exclusive discretionare being discussed.

Appears in 1 contract

Samples: Residential Construction Contract

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Change Order Procedure. Except as otherwise stated in this Contract, no alterations, additions or deletions will be made to in the Improvements or Property Work unless agreed to in writing by Buyer Owner and Builder. To approve a proposed change, both Buyer Owner and Builder shall sign a written agreement (Change Order) in the form attached. In lieu of the form, a written Change Order may also constitute an email exchange between Owner and Builder in which the Changes are discussed and acknowledged by the Parties. Upon receiving from Buyer Owner a written request for any change, Builder will present Buyer Owner with a proposal for the changes including any increase in the Total Sales Price additional price of construction, additional Builder’s compensation, and any extensions to the Closing Projected Completion Date. If Xxxxx Owner accepts Builder's ’s proposal for changes, the Change Order will become a binding attachment to this Contractthe Construction Documents, and to the extent a conflict between a Change Order and this Contract the Construction Documents exists, the terms of the Change Order shall control. Any Buyer Owner party may sign the Change Order as agent for the other, and the signature of one Buyer Owner shall be binding on all others; others; an email from one Buyer Owner concerning a Change Order also binds all BuyersOwners. Builder may, at its discretion, but is not required to, treat an email exchange between Buyer and Builder, in which the changes are acknowledged by Buyer as constituting a signed Change Order for purposes Failure of this Section 11 and this Contract and of Buyer(s) acceptance of the additional price, Builder’s compensation, and extensions to the Projected Completion Date, resulting from such change(s). Except where Builder chooses to treat an exchange of emails as constituting an acceptance of Builder’s proposal concerning a change, failure of Buyer Owner to approve Builder's ’s proposal for changes within three (3) days after receipt shall constitute a rejection of the proposal. Builder shall be reimbursed at $50.00 $ per hour, with a minimum $100fifty dollars, for all expenses and effort incurred in the production of any Change Order proposal not accepted by Buyer Owner. Unless otherwise specified in agreed upon Change Orders, Owner shall pay for all agreed upon Change Orders including the additional Builder’s compensation to Builder in cash or immediately available funds within Builder discretionthree (3) business days after Owner’s acceptance of the proposal. Builder may disallow will not be obliged to proceed with any Work until all amounts have been paid as agreed and all Builder has no obligation to stop Work while Change Orders in Builder’s sole and exclusive discretionare being discussed.

Appears in 1 contract

Samples: Residential Construction Contract

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