Common use of Change Orders Generally Clause in Contracts

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial Completion date, the Final Acceptance date, or any other provision of an Approval by the Awarding Authority of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General Conditions, directing the Contractor to perform such changes. Any request for a change in the provisions of this Contract submitted by the Contractor must be made in writing and in accordance with the provisions of this Contract, including the procedures of the Awarding Authority. B. A request for a change in the provisions of this Contract may be submitted to the Awarding Authority by the Contractor, Designer, Resident Engineer or User Agency. The request must be made in writing and in accordance with the provisions of this Contract, Laws, and the procedures of the Awarding Authority. When the Contractor believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract time it shall submit a Change Order Request in accordance with the forms and procedures required by the Awarding Authority. C. A written directive may be issued by the Awarding Authority instructing the Contractor to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Drawings and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services or Site; (4) the schedule for performance of the Work. D. Whenever a Change Order or written directive will cause a change in the Contractor’s cost, the Contractor or the Awarding Authority may request an adjustment in the Contract Price. Such request shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work. E. The Awarding Authority and the Contractor shall negotiate in good faith an agreement on an equitable adjustment in the Contract Price, and/or time if appropriate, before commencement of the pertinent Work. In the absence of an agreement for an equitable adjustment, the Awarding Authority shall unilaterally determine the costs attributable to the change and provide the Contractor with a written notice to that effect. The Contractor may appeal the decision of the Awarding Authority within thirty days of receipt of said notice, to the chief executive official of the Awarding Authority (in the case of DCAMM, the DCAMM commissioner) or the chief executive’s designee, and the Contractor shall have the right to such further appeal as is provided in M.G.L. c.30, § 39Q set forth in Article VII4.D. However, if the Contractor shall exercise its rights to appeal the decision of the Awarding Authority as aforesaid, the Contractor shall be required to engage in the mandatory mediation procedures set forth in Article VII.5. F. During the negotiation of an equitable adjustment in the Contract Price, the Contractor shall provide the Awarding Authority with all cost, pricing data and any other information or documentation used by the Contractor in computing the amount of the equitable adjustment, and the Contractor shall certify that the pricing data used was accurate, complete, and current. If the Awarding Authority subsequently determines that the data submitted by the Contractor was inaccurate, incomplete, or not current, the Awarding Authority may exclude such data from consideration under the equitable adjustment request. G. Whenever the Contractor is entitled or believes it is entitled to a Change Order adjusting the Contract Price, the Contractor shall maintain separate accounts (by job order or other suitable accounting procedure) of all costs incurred and attributable to such work and schedule. The Contractor shall maintain a computerized accounting system, acceptable to the Awarding Authority, in which current information as to the status of all such Work and schedule is maintained. The Contractor shall maintain such contemporaneous records as are necessary to provide a clear distinction between the costs of all Change Order Work and proposed Change Order Work, and the costs of other Work and schedule. H. Notwithstanding any provisions in the Contract Documents to the contrary, no additional general conditions cost shall be due for any Change Order or portion of a Change Order resulting from or attributable to: (1) Increases in the cost of allowance items; (2) Substitutions of equipment or materials which are functionally similar to equipment or materials specified in the Contract Documents; or (3) Sales and use taxes. I. The Contractor shall reasonably investigate the validity of Subcontractor and supplier change order requests before agreeing to pass them through to the Awarding Authority. For all Change Order Requests submitted, the Contractor shall certify that: the Change Order Request is made in good faith; the validity of the Contractor’s and any Subcontractor and supplier Change Order Requests have been verified; the supporting data is accurate and complete to the best of the Contractor’s knowledge and belief; and the Contractor believes the Awarding Authority to be liable for the add amount, or entitled to the deduct amount of the Change Order Request, whichever is applicable.

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Final Completion date, the Final Acceptance datedates, or any other provision of an Approval by the Awarding Authority DCAMM of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General ConditionsConditions of the Contract, directing the Prime Contractor to perform such changes. Any request for a change in the provisions of this Contract submitted by the Prime Contractor must be made in writing and in accordance with the provisions of this Contract, including the procedures of the Awarding AuthorityDCAMM. B. A request for a change in the provisions of this Contract may be submitted to the Awarding Authority DCAMM by the Prime Contractor, Designer, Resident Engineer or User Agency. The request must be made in writing and in accordance with the provisions of this Contract, Laws, and the procedures of the Awarding AuthorityDCAMM. When the Prime Contractor believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract time Time it shall submit a Change Order Request request for a change order in accordance with the forms and procedures required by the Awarding AuthorityDCAMM. C. A written directive may be issued by the Awarding Authority DCAMM instructing the Prime Contractor to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Drawings Plans and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services or Site; (4) the schedule for performance of the Work. D. Whenever a Change Order or written directive will cause a change in the Prime Contractor’s cost, the Prime Contractor or the Awarding Authority DCAMM may request an adjustment in the Contract Price. Such request shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work. E. The Awarding Authority DCAMM and the Prime Contractor shall negotiate in good faith an agreement on an equitable adjustment in the Contract Price, and/or time if appropriate, before commencement of the pertinent Workwork. In the absence of an agreement for an equitable adjustment, the Awarding Authority DCAMM shall unilaterally determine the costs attributable to the change and provide the Prime Contractor with a written notice to that effect. The Prime Contractor may appeal the decision of the Awarding Authority DCAMM within thirty days of receipt of said notice, to the chief executive official Commissioner of the Awarding Authority (in the case of DCAMM, the DCAMM commissioner) or the chief executiveCommissioner’s designee, and the Prime Contractor shall have the right to such further appeal as is provided in M.G.L. c.30, § 39Q set forth in Article VII4.D. However, if the Contractor shall exercise its rights to appeal the decision of the Awarding Authority as aforesaid, the Contractor shall be required to engage in the mandatory mediation procedures set forth in Article VII.5.in F. During the negotiation of an equitable adjustment in the Contract Price, the Prime Contractor shall provide the Awarding Authority DCAMM with all cost, pricing data and any other information or documentation used by the Contractor it in computing the amount of the equitable adjustment, and the Prime Contractor shall certify that the pricing data used was accurate, complete, and current. If the Awarding Authority DCAMM subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, or not current, the Awarding Authority DCAMM may exclude such data from consideration under the equitable adjustment request. G. Whenever the Prime Contractor is entitled or believes it is entitled to a Change Order adjusting the Contract Price, the Prime Contractor shall maintain separate accounts (by job order or other suitable accounting procedure) of all costs incurred and attributable to such work and schedule. The Prime Contractor shall maintain a computerized accounting system, acceptable to the Awarding AuthorityDCAMM, in which current information as to the status of all such Work work and schedule is maintained. The Prime Contractor shall maintain such contemporaneous records as are necessary to provide a clear distinction between the costs of all Change Order Work and proposed Change Order Work, and the costs of other Work and schedule. H. Notwithstanding any provisions in the Contract Documents to the contrary, no additional general conditions cost General Conditions Cost shall be due for any Change Order or portion of a Change Order resulting from or attributable to: (1) Increases in the cost of allowance items; (2) Substitutions of equipment or materials which are functionally similar to equipment or materials specified in the Contract Documents; or (3) Sales and use taxes. I. The Prime Contractor shall reasonably investigate the validity of Subcontractor subcontractor and supplier change order requests before agreeing to pass them through to the Awarding AuthorityDCAMM. For all Change Order Requests change order requests submitted, the Prime Contractor shall certify that: the Change Order Request change request is made in good faith; the validity of the Prime Contractor’s and any Subcontractor subcontractor and supplier Change Order Requests change requests have been verified; the supporting data is accurate and complete to the best of the Prime Contractor’s knowledge and belief; and the Prime Contractor believes the Awarding Authority DCAMM to be liable for the add amount, or entitled to the deduct amount of the Change Order Requestchange request, whichever is applicable.

Change Orders Generally. ‌ A. No changes in the Work, the Contract Price, the Substantial and Final Completion date, the Final Acceptance datedates, or any other provision of an Approval by the Awarding Authority of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General ConditionsConditions of the Contract, directing the Prime Contractor to perform such changes. Any request for a change in the provisions of this Contract submitted by the Prime Contractor must be made in writing and in accordance with the provisions of this Contract, including the procedures of the Awarding Authority. B. A request for a change in the provisions of this Contract may be submitted to the Awarding Authority by the Prime Contractor, Designer, Resident Engineer or User Agency. The request must be made in writing and in accordance with the provisions of this Contract, Laws, and the procedures of the Awarding Authority. When the Prime Contractor believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract time Time it shall submit a Change Order Request request for a change order in accordance with the forms and procedures required by the Awarding Authority. C. A written directive may be issued by the Awarding Authority instructing the Prime Contractor to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Drawings Plans and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services or Site; (4) the schedule for performance of the Work. D. Whenever a Change Order or written directive will cause a change in the Prime Contractor’s cost, the Prime Contractor or the Awarding Authority may request an adjustment in the Contract Price. Such request shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work.work.‌ E. The Awarding Authority and the Prime Contractor shall negotiate in good faith an agreement on an equitable adjustment in the Contract Price, and/or time if appropriate, before commencement of the pertinent Workwork. In the absence of an agreement for an equitable adjustment, the Awarding Authority shall unilaterally determine the costs attributable to the change and provide the Prime Contractor with a written notice to that effect. The Prime Contractor may appeal the decision of the Awarding Authority within thirty days of receipt of said notice, to the chief executive official of the Awarding Authority (in the case of DCAMM, the DCAMM commissioner) or the chief executive’s designee, and the Contractor shall have the right to such further appeal as is provided in M.G.L. c.30, § 39Q set forth in Article VII4.D. However, if the Contractor shall exercise its rights to appeal the decision of the Awarding Authority as aforesaid, the Contractor shall be required to engage in the mandatory mediation procedures set forth in Article VII.5.Commissioner F. During the negotiation of an equitable adjustment in the Contract Price, the Prime Contractor shall provide the Awarding Authority with all cost, pricing data and any other information or documentation used by the Contractor it in computing the amount of the equitable adjustment, and the Prime Contractor shall certify that the pricing data used was accurate, complete, and current. If the Awarding Authority subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, or not current, the Awarding Authority may exclude such data from consideration under the equitable adjustment request.request.‌ G. Whenever the Prime Contractor is entitled or believes it is entitled to a Change Order adjusting the Contract Price, the Prime Contractor shall maintain separate accounts (by job order or other suitable accounting procedure) of all costs incurred and attributable to such work and schedule. The Prime Contractor shall maintain a computerized accounting system, acceptable to the Awarding Authority, in which current information as to the status of all such Work work and schedule is maintained. The Prime Contractor shall maintain such contemporaneous records as are necessary to provide a clear distinction between the costs of all Change Order Work and proposed Change Order Work, and the costs of other Work and schedule. H. Notwithstanding any provisions in the Contract Documents to the contrary, no additional general conditions cost General Conditions Cost shall be due for any Change Order or portion of a Change Order resulting from or attributable to: (1) Increases in the cost of allowance Allowance items; (2) Substitutions of equipment or materials which are functionally similar to equipment or materials specified in the Contract Documents; or (3) Sales and use taxes. I. The Prime Contractor shall reasonably investigate the validity of Subcontractor subcontractor and supplier change order requests before agreeing to pass them through to the Awarding Authority. For all Change Order Requests change order requests submitted, the Prime Contractor shall certify that: the Change Order Request change request is made in good faith; the validity of the Prime Contractor’s and any Subcontractor subcontractor and supplier Change Order Requests change requests have been verified; the supporting data is accurate and complete to the best of the Prime Contractor’s knowledge and belief; and the Prime Contractor believes the Awarding Authority to be liable for the add amount, or entitled to the deduct amount of the Change Order Requestchange request, whichever is applicable.

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial Completion dateDate, the Final Acceptance dateDate, or any other provision of an Approval by the Awarding Authority DCAMM of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General Conditions, directing the Contractor CM to perform such changes. Any request for a change in the provisions of this Contract submitted by the Contractor CM must be made in writing and in accordance with the provisions of this Contract, including the procedures of the Awarding AuthorityDCAMM. B. A request for a change in the provisions of this Contract may be submitted to the Awarding Authority DCAMM by the ContractorCM, Designer, Resident Engineer or User Agency. The request must be made in writing and in accordance with the provisions of this Contract, Laws, and the procedures of the Awarding AuthorityDCAMM. When the Contractor CM believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract time Time it shall submit a Change Order Request in accordance with the forms and procedures required by the Awarding AuthorityDCAMM. C. A written directive may be issued by the Awarding Authority DCAMM instructing the Contractor CM to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Drawings and Specifications; (2) the method or manner of performance of the Work; (3) the Owner-furnished facilities, equipment, materials, services services, or Site; (4) the schedule for performance of the Work. D. Whenever a Change Order or written directive will cause a change in the ContractorCM’s cost, the Contractor CM or the Awarding Authority DCAMM may request an adjustment in the Contract Price. Such request shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent work.. For DCAMM Use Only E. The Awarding Authority DCAMM and the Contractor CM shall negotiate in good faith an agreement on an equitable adjustment in the Contract Price, and/or time Contract Time if appropriate, before commencement of the pertinent Work. In the absence of an agreement for an equitable adjustment, the Awarding Authority DCAMM shall unilaterally determine the costs attributable to the change and provide the Contractor CM with a written notice to that effect. The Contractor CM may appeal the decision of the Awarding Authority DCAMM within thirty days of receipt of said notice, to the chief executive official Commissioner of the Awarding Authority (in the case of DCAMM, the DCAMM commissioner) or the chief executiveCommissioner’s designee, and the Contractor CM shall have the right to such further appeal as is provided in M.G.L. c.30, § 39Q set forth in of this Article VII4.D. VII.4.D. However, if the Contractor CM shall exercise its rights to appeal the decision of the Awarding Authority DCAMM as aforesaid, the Contractor CM shall be required to engage in the mandatory mediation procedures set forth in Article VII.5. F. During the negotiation of an equitable adjustment in the Contract Price, the Contractor CM shall provide the Awarding Authority DCAMM with all cost, pricing data and any other information or documentation used by the Contractor CM in computing the amount of the equitable adjustment, and the Contractor CM shall certify that the pricing data used was accurate, complete, and current. If the Awarding Authority DCAMM subsequently determines that the data submitted by the Contractor CM was inaccurate, incomplete, or not current, the Awarding Authority DCAMM may exclude such data from consideration under the equitable adjustment request. G. Whenever the Contractor is entitled or believes it is entitled to a Change Order adjusting the Contract Price, the Contractor shall maintain separate accounts (by job order or other suitable accounting procedure) of all costs incurred and attributable to such work and schedule. The Contractor shall maintain a computerized accounting system, acceptable to the Awarding Authority, in which current information as to the status of all such Work and schedule is maintained. The Contractor shall maintain such contemporaneous records as are necessary to provide a clear distinction between the costs of all Change Order Work and proposed Change Order Work, and the costs of other Work and schedule. H. Notwithstanding any provisions in the Contract Documents to the contrary, no additional general conditions cost shall be due for any Change Order or portion of a Change Order resulting from or attributable to: (1) Increases in the cost of allowance items; (2) Substitutions of equipment or materials which are functionally similar to equipment or materials specified in the Contract Documents; or (3) Sales and use taxes. I. The Contractor shall reasonably investigate the validity of Subcontractor and supplier change order requests before agreeing to pass them through to the Awarding Authority. For all Change Order Requests submitted, the Contractor shall certify that: the Change Order Request is made in good faith; the validity of the Contractor’s and any Subcontractor and supplier Change Order Requests have been verified; the supporting data is accurate and complete to the best of the Contractor’s knowledge and belief; and the Contractor believes the Awarding Authority to be liable for the add amount, or entitled to the deduct amount of the Change Order Request, whichever is applicable.