Common use of Change Orders Generally Clause in Contracts

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Final Completion dates, or any other provision of an Approval by DCAMM of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General Conditions 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 DCAMM. B. A request for a change in the provisions of this Contract may be submitted to 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 DCAMM. When the Prime 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 request for a change order in accordance with the forms and procedures required by DCAMM. C. A written directive may be issued by 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 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 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. 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 work. In the absence of an agreement for an equitable adjustment, 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 DCAMM within thirty days of receipt of said notice, to the Commissioner of DCAMM or the Commissioner’s designee, and the Prime Contractor shall have the right to such further appeal as is provided in F. During the negotiation of an equitable adjustment in the Contract Price, the Prime Contractor shall provide DCAMM with all cost, pricing data and any other information or documentation used by 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 DCAMM subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, or not current, 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 DCAMM, in which current information as to the status of all such 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 shall be due for any Change Order or portion of a Change Order resulting from or attributable to: I. The Prime Contractor shall reasonably investigate the validity of subcontractor and supplier change order requests before agreeing to pass them through to DCAMM. For all change order requests submitted, the Prime Contractor shall certify that: the change request is made in good faith; the validity of the Prime Contractor’s and any subcontractor and supplier 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 DCAMM to be liable for the add amount, or entitled to the deduct amount of the change request, whichever is applicable.

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Completion date, the Final Completion datesAcceptance date, or any other provision of an Approval by DCAMM 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 of the ContractConditions, 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 DCAMMthe Awarding Authority. B. A request for a change in the provisions of this Contract may be submitted to DCAMM 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 DCAMMthe 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 request for a change order Change Order Request in accordance with the forms and procedures required by DCAMMthe Awarding Authority. C. A written directive may be issued by DCAMM 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 Plans 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 Prime Contractor’s cost, the Prime Contractor or DCAMM 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. DCAMM 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, DCAMM 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 DCAMM the Awarding Authority within thirty days of receipt of said notice, to the Commissioner chief executive official of the Awarding Authority (in the case of DCAMM, the DCAMM commissioner) or the Commissionerchief executive’s designee, and the Prime Contractor shall have the right to such further appeal as is provided inin 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 Prime Contractor shall provide DCAMM the Awarding Authority with all cost, pricing data and any other information or documentation used by it the Contractor 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 DCAMM the Awarding Authority subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, or not current, DCAMM the Awarding Authority 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 DCAMMthe 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 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 DCAMMthe Awarding Authority. For all change order requests Change Order Requests submitted, the Prime Contractor shall certify that: the change request Change Order Request is made in good faith; the validity of the Prime Contractor’s and any subcontractor Subcontractor and supplier change requests Change Order 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 DCAMM the Awarding Authority to be liable for the add amount, or entitled to the deduct amount of the change requestChange Order Request, whichever is applicable.

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Completion Date, Final Completion datesAcceptance Date, or any other provision of an Approval by DCAMM of the Contract Documents shall be made in absence of a Change Order as defined in Article I of these General Conditions of the ContractConditions, directing the Prime Contractor CM to perform such changes. Any request for a change in the provisions of this Contract submitted by the Prime Contractor CM must be made in writing and in accordance with the provisions of this Contract, including the procedures of DCAMM. B. A request for a change in the provisions of this Contract may be submitted to DCAMM by the Prime 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 DCAMM. When the Prime Contractor CM believes that an event or circumstance gives rise to an adjustment in the Contract Price and/or the Contract Time it shall submit a request for a change order Change Order Request in accordance with the forms and procedures required by DCAMM. C. A written directive may be issued by DCAMM instructing the Prime Contractor CM to make changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the Plans 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 Prime ContractorCM’s cost, the Prime Contractor CM or 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. DCAMM and the Prime 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 workWork. In the absence of an agreement for an equitable adjustment, DCAMM shall unilaterally determine the costs attributable to the change and provide the Prime Contractor CM with a written notice to that effect. The Prime Contractor CM may appeal the decision of DCAMM within thirty days of receipt of said notice, to the Commissioner of DCAMM or the Commissioner’s designee, and the Prime Contractor CM shall have the right to such further appeal as is provided inin M.G.L. c.30, § 39Q set forth in of this Article VII.4.D. However, if the CM shall exercise its rights to appeal the decision of DCAMM as aforesaid, the 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 Prime Contractor CM shall provide DCAMM with all cost, pricing data and any other information or documentation used by it the CM in computing the amount of the equitable adjustment, and the Prime Contractor CM shall certify that the pricing data used was accurate, complete, and current. If DCAMM subsequently determines that the data submitted by the Prime Contractor CM was inaccurate, incomplete, or not current, 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 DCAMM, in which current information as to the status of all such 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 shall be due for any Change Order or portion of a Change Order resulting from or attributable to: I. The Prime Contractor shall reasonably investigate the validity of subcontractor and supplier change order requests before agreeing to pass them through to DCAMM. For all change order requests submitted, the Prime Contractor shall certify that: the change request is made in good faith; the validity of the Prime Contractor’s and any subcontractor and supplier 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 DCAMM to be liable for the add amount, or entitled to the deduct amount of the change request, whichever is applicable.

Change Orders Generally. ‌ A. No changes in the Work, the Contract Price, the Substantial and Final Completion dates, or any other provision of an Approval by DCAMM 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 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 DCAMMthe Awarding Authority. B. A request for a change in the provisions of this Contract may be submitted to DCAMM 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 DCAMMthe 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 it shall submit a request for a change order in accordance with the forms and procedures required by DCAMMthe Awarding Authority. C. A written directive may be issued by DCAMM 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 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 DCAMM 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. DCAMM 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 work. In the absence of an agreement for an equitable adjustment, DCAMM 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 DCAMM the Awarding Authority within thirty days of receipt of said notice, to the Commissioner of DCAMM or the Commissioner’s designee, and the Prime Contractor shall have the right to such further appeal as is provided in F. During the negotiation of an equitable adjustment in the Contract Price, the Prime Contractor shall provide DCAMM the Awarding Authority with all cost, pricing data and any other information or documentation used by 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 DCAMM the Awarding Authority subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, or not current, DCAMM 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 DCAMMthe Awarding Authority, in which current information as to the status of all such 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 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 and supplier change order requests before agreeing to pass them through to DCAMMthe Awarding Authority. For all change order requests submitted, the Prime Contractor shall certify that: the change request is made in good faith; the validity of the Prime Contractor’s and any subcontractor and supplier 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 DCAMM the Awarding Authority to be liable for the add amount, or entitled to the deduct amount of the change request, whichever is applicable.

Change Orders Generally. A. No changes in the Work, the Contract Price, the Substantial and Final Completion dates, or any other provision of an Approval by DCAMM of the Contract Documents Work shall be made in absence of a Change Order as (sometimes called a "Notice to Proceed") defined in Article I of these General Conditions 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 DCAMM. B. A request for a change in the provisions of this Contract may be submitted to DCAMM the Awarding Authority by the Prime Contractor, Designer, Project Manager, 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 DCAMM. When the Prime 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 request for a change order in accordance with the forms and procedures required by DCAMMAwarding Authority. C. B. A written directive Change Order may be issued by DCAMM instructing the Prime Contractor to make Awarding Authority for changes in the Work within the general scope of the Contract, including but not limited to, changes in: (1) the 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. C. The Contractor shall immediately perform any Change Order work that is ordered by the Awarding Authority. D. Whenever a Change Order or written directive is issued and said Change Order will cause a change in the Prime Contractor’s cost, the Prime Contractor or DCAMM the Awarding Authority may request an equitable adjustment in the Contract Price. Such A request for such an adjustment shall be in writing and shall be submitted by the party making such claim to the other party before commencement of the pertinent workwork or as soon thereafter as possible. E. DCAMM 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 or as soon thereafter as is possible. In the absence of an agreement for an equitable adjustment, DCAMM 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 DCAMM the Awarding Authority within thirty days of receipt of said notice, to the Commissioner chief executive official of DCAMM the Awarding Authority or the Commissioner’s his designee, and the Prime Contractor shall have the right to such further appeal as is provided inin M.G.L. c.30, s. 39Q set forth in Section 4.D of this Article VII. 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 Section 5 of this Article VII. F. During the negotiation of an equitable adjustment in the Contract Price, the Prime Contractor shall shall, if requested, provide DCAMM the Awarding Authority with all cost, cost and pricing data and any other information or documentation used by it him in computing the amount of the equitable adjustment, and the Prime Contractor shall certify that the pricing data used was accurate, complete, complete and current. If DCAMM the Awarding Authority subsequently determines that the data submitted by the Prime Contractor was inaccurate, incomplete, incorrect or not current, DCAMM the Awarding Authority 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 DCAMM, in which current information as to the status of all such 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 shall be due for any Change Order or portion of a Change Order resulting from or attributable to: I. The Prime Contractor shall reasonably investigate the validity of subcontractor and supplier change order requests before agreeing to pass them through to DCAMM. For all change order requests submitted, the Prime Contractor shall certify that: the change request is made in good faith; the validity of the Prime Contractor’s and any subcontractor and supplier 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 DCAMM to be liable for the add amount, or entitled to the deduct amount of the change request, whichever is applicable.