Changes and Claims. All materials and labor furnished hereunder shall be in accordance with shop drawings submitted by Seller and approved by Xxxxx. Any changes in the work as set forth in approved shop drawings, or from the scope of work as described herein, will require a written change order submitted to Seller by Xxxxx. An equitable adjustment will be made in the contract price or delivery dates or both, and this Agreement will be modified accordingly in writing. The cost or credit to Buyer for performance of such change order shall be determined by mutual written agreement prior to the commencement of any work under such change order. Xxxxx shall notify Seller promptly in writing of any circumstances arising from the performance of the work herein described which reasonably may be anticipated to result in a claim or back charge to Seller. Upon Seller’s receipt of such notification, Seller shall have five (5) working days in which to remedy such circumstances and to avoid the imposition of such claim or back charge. Seller will not be liable for any claim or back charge where Xxxxxx has not been notified in the manner as set forth above.
Changes and Claims. 5.1 SUBCONTRACTOR shall not claim, and CONTRACTOR shall not be obligated to pay SUBCONTRACTOR any additional sums of money over and above the Contract Price unless authorized by written Change Order. All modifications to the Contract Documents including without limitation, any addition or deduction to the Contract Price or request for an extension of time shall be by written Change Order.
5.2 CONTRACTOR may at any time unilaterally or by agreement with SUBCONTRACTOR and without notice to the sureties, if any, make changes in the Work. Any unilateral order, or agreement shall be in writing. SUBCONTRACTOR shall perform the Work as changed without delay, provided SUBCONTRACTOR has received a written directive from CONTRACTOR to proceed with the changed work, unless an emergency requires SUBCONTRACTOR to proceed without a written order. In the event CONTRACTOR and SUBCONTRACTOR cannot agree upon the addition or deletion to the Contract Price or time caused by such change, SUBCONTRACTOR shall proceed with the work and the value of that work shall be determined pursuant to Paragraph 5.3 or 5.4 as appropriate.
5.3 SUBCONTRACTOR shall submit in writing to CONTRACTOR all claims for adjustment in the Contract Price, the Subcontractor's Schedule or for damages for which the Owner is liable in the manner provided in the Contract Documents for like claims by CONTRACTOR against Owner. Such claims must be submitted by SUBCONTRACTOR to CONTRACTOR within five (5) days from the beginning of the event for which the claim is made, otherwise such claims shall be waived. SUBCONTRACTOR shall substantiate in writing any such claim within ten (10) days of the beginning of the event, otherwise such claim shall be deemed waived. CONTRACTOR shall process such claims according to the provisions of the Contract Documents. CONTRACTOR'S liability to SUBCONTRACTOR for such claims is limited to any adjustment which shall be made by Owner to the Construction Agreement on account of SUBCONTRACTOR'S claim. If agreed to by CONTRACTOR, the value of the work for which a Change Order will be authorized shall be determined by lump sum or by unit price, if any, stipulated in the Subcontract Agreement for such work. If no such prices are stipulated, the value so determined shall not exceed the lesser of the value obtained under the following methods:
a. By adding or deducting a lump sum or an amount determined by unit price agreed upon by CONTRACTOR and SUBCONTRACTOR; or b. By adding (i) the actual ...
Changes and Claims a. Contractor may, at any time, unilaterally or by agreement with Subcontractor, and without notice to the sureties, make changes in the Work. Any unilateral order, or agreement, under this Paragraph 6.a. shall be in writing, unless an emergency requires Subcontractor to proceed without a written order. Subcontractor shall immediately perform the Work as changed without delay.
b. Subcontractor shall submit in writing to Contractor, along with substantiating evidence deemed satisfactory by Contractor, any claims for adjustment in the Subcontract Price, schedule or other provisions of the Subcontract claimed by Subcontractor for changes directed by Owner, or for damages for which the Owner is liable, or as a result of deficiencies or discrepancies in the Contract Documents (“Owner Claims”), at least five (5) business days prior to the time specified in the Contract Documents, otherwise such claims are waived. Contractor shall process said Owner Claims according to the provisions of the Contract Documents so as to protect the interests of Subcontractor and others including Contractor. Subcontract adjustments shall be made only to the extent that Contractor receives relief from or must grant relief to Owner and then only based on Subcontractor's allocable share of such relief. Subcontractor's allocable share shall be determined by Contractor, after allowance of Contractor's normal overhead, profit and other interest in any recovery, by making a reasonable apportionment, if applicable, among Subcontractor, Contractor and other subcontractors or persons with interests in the adjustment. In no event shall the Contractor become or be liable to the Subcontractor on account of any such Owner Claims in excess of the amount actually received by Contractor from Owner on account of such claim. It is expressly acknowledged that receipt of payment by Contractor from Owner on account of any such Subcontractor's Owner Claims is an express condition precedent to any obligation of Contractor to pay such claims. This paragraph will also cover other equitable adjustments or other relief allowed by the Contract Documents.
c. For changes ordered by Contractor independent of Owner or the Contract Documents, Subcontractor shall be entitled to an equitable adjustment of the Subcontract Price or Project Schedule, or both, to the extent that impact can be substantiated to the Contractor's satisfaction.
d. Pending resolution of any claim, dispute or other controversy, nothing shall exc...
Changes and Claims. Coordination of Changes. The CM acknowledges that Changes to the scope of Work during construction of the Project are likely to increase the Project Construction Costs, extend time for completing Project construction and prevent the Owner from realizing its Project objectives. Accordingly, the CM acknowledges and agrees that a material obligation of the CM under this Agreement is management of circumstances which may give rise to a Change in a manner so that only necessary Changes are implemented and that the costs/time for implementation of necessary Changes are minimized. CM shall coordinate and disseminate correspondence, drawings, and other written materials by and between the Owner, Owner’s Representatives, Inspector, Test/Inspection Service Providers and the Architect relating to Changes. CM shall coordinate and oversee the performance of Changes authorized by the Owner to ensure timely and full completion of Changes. CM will maintain a log or other written records to monitor the pendency and disposition of Changes and Change Orders to keep the Owner advised of the status of the same and the actual or potential impact of any particular Change or Change Order or the cumulative effects thereof on Construction Costs or time for completion of Project construction.
Changes and Claims. A. Any changes to and/or claims on the PROJECT work shall be processed in accordance with the change order, extra work, and claims provisions of the Contract Documents, including, but not limited to SP Section 7 “Claims”, SJSS Section 4-1.03 “Changes”, SJSS Section 4-1.07 “Differing Site Conditions”, and SJSS Section 9-1.04 “Notice of Potential Claim”, and CSS Section 9-1.07B “Final Payment and Claims”. LOS GATOS shall be responsible for the costs of any changes, extra work and/or claims relating to the portions of the PROJECT located within the jurisdiction of LOS GATOS (including, the portions of the Dual Jurisdiction Section owned by LOS GATOS that is included in the PROJECT). CAMPBELL shall be responsible for the costs of any changes, extra work and/or claims relating to the portions of the PROJECT located within the jurisdiction of CAMPBELL (including, the portions of the Dual Jurisdiction Section owned by CAMPBELL that are included in the PROJECT).
Changes and Claims. All materials and labor furnished hereunder shall be in accordance with shop drawings submitted by Company and approved by Customer. Any changes in the work as set forth in approved shop drawings, or from the scope of work as described herein, will require a written change order submitted to Company by Customer. An equitable adjustment will be made in the contract price or delivery dates or both, and this Agreement will be modified accordingly in writing. The cost or credit to Customer for performance of such change order shall be determined by mutual written agreement prior to the commencement of any work under such change order. Customer shall notify Company promptly in writing of any circumstances arising from the performance of the work herein described which reasonably may be anticipated to result in a claim or back charge to Company. Upon Company's receipt of such notification, Company shall have five (5) working days in which to remedy such circumstances and to avoid the imposition of such claim or back charge. Company will not be liable for any claim or back charge where Company has not been notified in the manner as set forth above.
Changes and Claims. 12.1 Changes in the terms and conditions of this Agreement may be made only by written agreement of the parties.
Changes and Claims. 7.01 Changes.
7.01.01 Changes in the Work may be accomplished after the Effective Date without invalidating the Agreement by Change Order, work change directive, or a minor change in the Work.
7.01.02 A Change Order shall be based upon agreement between Owner and Design/Builder. A work change directive may be issued by Owner without the agreement of Design/Builder. A minor change in the Work may be issued by Design/Builder alone.
7.01.03 If unit prices are indicated in the Contract Documents or are subsequently agreed to by the parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order or work change directive that application of the original unit prices shall cause substantial inequity to Owner or Design/Builder, such unit prices shall be equitably adjusted.
Changes and Claims. Coordination of Changes. CS will coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the District, Inspector, Test/Inspection Service Providers and the Architect relating to changes to the Contract. CS will coordinate the Contractor’s performance of changes authorized by the DISTRICT. CS will maintain a log or other written records in a format previously approved by the DISTRICT to monitor the disposition of changes and Change Orders to keep the DISTRICT advised of the status of the same and the actual or potential impact of any particular change or Change Order or the cumulative effects thereof on Construction Costs or time for completion of PROJECTS construction.
Changes and Claims. 5.1 Changes. When Contractor so orders in writing, and without nullifying this Subcontract, Subcontractor shall make any and all changes in the Work, which are within the general scope of the Subcontract. Adjustments in the Subcontract Price or Time, if any, resulting from such changes shall be set forth in a Subcontract change order to the extent, less Contractor’s costs or damages, obtained by Contractor under the Prime Contract. No such adjustments shall be made for any such Work performed by Subcontractor that has not been so ordered by Contractor in writing. Subcontractor hereby waives any and all claims for additional costs or time associated with any alleged change that was not ordered in writing by Contractor.
