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: (a) The basis of such adjustment in compensation will be the difference between the Contract unit-price 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 as agreed upon by Contractor and the Architect, in consultation with the District. If they cannot agree or if there is no unit-price for the subject work, then the costs of the work will be determined by the Architect, in consultation with the District, in the same manner as if the Work were to be paid for on the time and material basis. Any such adjustment will apply only to the portion of the work of said item actually changed in character. (b) Failure of the Architect to recognize the change in character of the work at the time the Change Order is issued shall in no way be construed as relieving Contractor of its duties and responsibility of filing a written protest within the ten (10) day limit as hereinabove provided.
Appears in 4 contracts
Samples: Facilities Lease, Facilities Lease, Facilities Lease
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:
(a) The basis of such adjustment in compensation will be the difference between the Contract unit-price 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 as agreed upon by Contractor and the Architect, in consultation with the District. If they cannot agree or if there is no unit-price for the subject work, then the costs of the work will be determined by the Architect, in consultation with the District, in the same manner as if the Work were to be paid for on the time and material basis. Any such adjustment will apply only to the portion of the work of said item actually changed in character.
(b) Failure of the Architect District to recognize the change in character of the work at the time the Change Order is issued shall in no way be construed as relieving Contractor of its duties and responsibility of filing a written protest within the ten (10) day limit as hereinabove provided.
Appears in 2 contracts
Samples: Facilities Lease, Facilities Lease
Changes in Character of Work. If an ordered change in the Plans or and Specifications materially changes the character of the Work of a Facilities Lease Contract item from that upon on which Lessor CONTRACTOR based its the bid 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 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 and Plans originally applicable thereto, in the absence of an executed Contract Change Order specifying the compensation payable, an adjustment in compensation and/or utilization of the Contingency therefore therefor will be made in accordance with the following:
(a) : The basis of such adjustment in compensation will be the difference between the Contract unit-price actual unit cost to perform the Work of said item item, or portion thereof thereof, involved in the change as originally planned and the actual unit cost of performing the work Work of said item item, or portion thereof thereof, involved in the change, as changed. Actual unit costs will be as agreed upon by Contractor and the Architect, in consultation with the District. If they cannot agree or if there is no unit-price for the subject work, then the costs of the work will be determined by the Architect, in consultation with the District, 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 time and material basisENGINEER. Any such adjustment will apply only to the portion of the work 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.
(b) " Failure of the Architect ENGINEER to recognize the a change in character of the work Work at the time the approved Contract Change Order is issued shall in no way not be construed as relieving Contractor CONTRACTOR of its duties his duty and responsibility of filing a written protest within the ten (10) 15 day limit as hereinabove providedprovided in Section 4-3.1, "Procedure and Protest."
Appears in 1 contract
Samples: Construction Contract