Changes in Character of Work. If an ordered change in the Plans or Specifications materially changes the character of the Work of a Facilities Lease item from that upon which Lessor based its price, and said ordered change is a reimbursable change pursuant to Section 15.01, above, and if the change increases or decreases the actual unit costs of such changed item as compared to the actual or estimated unit cost of performing the Work of said item in accordance with the Specifications and Plans originally applicable thereto, in the absence of an executed Change Order specifying the compensation payable, an adjustment in compensation and/or utilization of the Contingency therefore will be made in accordance with the following:
Changes in Character of Work. THE FIRST PARAGRAPH UP TO AND INCLUDING THE FIRST SENTENCE OF ITEM 1 IS CHANGED TO: If an ordered alteration in the Work pursuant to Subsection 104.02 materially changes the character of the work of a Pay Item, and if the change substantially increases or decreases the actual unit cost of such changed item as compared to the actual or estimated actual cost of performing the work of said item according to the Contract Documents originally applicable thereto, in the absence of a supplementary agreement or unprotested Change Order specifying the compensation payable, an adjustment in compensation therefore will be made according to the following:
Changes in Character of Work. If an ordered change in the Plans and Specifications materially changes the character of the Work of a Contract item from that on which CONTRACTOR based the bid price, and if the change increases or decreases the actual unit cost of such changed item as compared to the actual or estimated actual unit cost of performing the Work of said item in accordance with the Plans and Specifications originally applicable thereto, in the absence of an executed Contract Change Order specifying the compensation payable, an adjustment in compensation therefor will be made in accordance with the following: The basis of such adjustment in compensation will be the difference between the actual unit cost to perform the Work of said item, or portion thereof, involved in the change as originally planned and the actual unit cost of performing the Work of said item, or portion thereof, involved in the change, as changed. Actual unit costs will be determined by the ENGINEER in the same manner as if the Work were to be paid for on a force account basis as provided in Section 10-4, or such adjustment will be as agreed to by CONTRACTOR and the ENGINEER. Any such adjustment will apply only to the portion of the Work of said item actually changed in character. At the option of the ENGINEER, the Work of said item or portion of item which is changed in character will be paid for on a force account basis, as provided in Section 10-4. If the compensation for an item of Work is adjusted under this Section 4-3.3, the costs recognized in determining such adjustment shall be excluded from consideration in making an adjustment for such item of Work under the provisions in Section 4-3.2, "Increased or Decreased Quantities." Failure of the ENGINEER to recognize a change in character of the Work at the time the approved Contract Change Order is issued shall not be construed as relieving CONTRACTOR of his duty and responsibility of filing a written protest within the 15 day limit as provided in Section 4-3.1, "Procedure and Protest."
