Changes in Scope of Work. 1. UGAA’s Instructions to Change (“ITC’s”). Without invalidating this Agreement, the ADR or XXXX’s undersigned authorized representative may order changes in the Work or the Design Services by issuing a written ITC to Design-Builder. a. ITC’s shall be issued in substantially the form supplied as Supplement Q and consecutively numbered. b. ITC’s with respect to Design Services that are issued by the Design-Builder are not valid without the signature of the ADR or the undersigned authorized representative of UGAA. c. ITC’s that result in a modification of Contract Time or GMP will be incorporated into a Change Order within a reasonable time. d. Where increased compensation is authorized by ITC, that compensation is calculated and limited in accordance with the Pricing of Adjustments provisions in this Article VIII and the not-to-exceed amount set forth within the ITC. Design-Builder assumes the risk that it will incur costs in excess of that amount in its performance of the changed Work described in the ITC. Where an ITC is signed only by the ADR, the not-to-exceed amount shall be deemed not to exceed the amount stated in ¶ XVII(C), unless a smaller amount is indicated in the ITC. e. Upon ADR’s issuance of an ITC, Design-Builder’s Work (or Design Services, as the case may be) shall be modified accordingly; however, if Design-Builder believes that the amount specified in the ITC is unacceptable or that the change requires an increase in GMP or Contract Time, or a change in Project Schedule, Design-Builder shall perform the changed Work or Design Services, but shall promptly e-mail the ADR of its objections, and within seven days, submit a PCO to the ADR for consideration. Absence of objection and a timely PCO shall be deemed to be acceptance of the ITC by Design-Builder and a waiver of any claim for increased compensation or an extension of Contract Time. f. Where the Parties are unable to agree to an acceptable not-to-exceed amount with respect to a given change, UGAA may, but is not required to, establish a Force Account for the changed Work, managed consistent with the Force Account provisions set forth below in this Article. 2. Design-Builder’s proposed changes or substitutions. No substitutions are permitted in the absence of a written approval as set forth in ¶ III(B).
Appears in 1 contract
Samples: Design Build Agreement
Changes in Scope of Work. 1. UGAA’s Instructions to Change (“ITC’s”). Without invalidating this Agreement, the ADR or XXXXUGAA’s undersigned authorized representative may order changes in the Work or the Design Services by issuing a written ITC to Design-Builder.
a. ITC’s shall be issued in substantially the form supplied as Supplement Q and consecutively numbered.
b. ITC’s with respect to Design Services that are issued by the Design-Builder are not valid without the signature of the ADR or the undersigned authorized representative of UGAA.
c. ITC’s that result in a modification of Contract Time or GMP will be incorporated into a Change Order within a reasonable time.
d. Where increased compensation is authorized by ITC, that compensation is calculated and limited in accordance with the Pricing of Adjustments provisions in this Article VIII and the not-to-exceed amount set forth within the ITC. Design-Builder assumes the risk that it will incur costs in excess of that amount in its performance of the changed Work described in the ITC. Where an ITC is signed only by the ADR, the not-to-exceed amount shall be deemed not to exceed the amount stated in ¶ XVII(C), unless a smaller amount is indicated in the ITC.
e. Upon ADR’s issuance of an ITC, Design-Builder’s Work (or Design Services, as the case may be) shall be modified accordingly; however, if Design-Builder believes that the amount specified in the ITC is unacceptable or that the change requires an increase in GMP or Contract Time, or a change in Project Schedule, Design-Builder shall perform the changed Work or Design Services, but shall promptly e-mail the ADR of its objections, and within seven days, submit a PCO to the ADR for consideration. Absence of objection and a timely PCO shall be deemed to be acceptance of the ITC by Design-Builder and a waiver of any claim for increased compensation or an extension of Contract Time.
f. Where the Parties are unable to agree to an acceptable not-to-exceed amount with respect to a given change, UGAA may, but is not required to, establish a Force Account for the changed Work, managed consistent with the Force Account provisions set forth below in this Article.
2. Design-Builder’s proposed changes or substitutions. No substitutions are permitted in the absence of a written approval as set forth in ¶ III(B).
Appears in 1 contract
Samples: Construction Contract
Changes in Scope of Work. 1. UGAA’s Instructions to Change (“ITC’s”). Without invalidating this Agreement, the ADR or XXXXUGAA’s undersigned authorized representative may order changes in the Work or the Design Services by issuing a written ITC to Design-Builder.
a. ITC’s shall be issued in substantially the form supplied as Supplement Q and consecutively numbered.
b. ITC’s with respect to Design Services that are issued by the Design-Builder are not valid without the signature of the ADR or the undersigned authorized representative of UGAA.
c. ITC’s that result in a modification of Contract Time or GMP will be incorporated into a Change Order within a reasonable time.
d. Where increased compensation is authorized by ITC, that compensation is calculated and limited in accordance with the Pricing of Adjustments provisions in this Article VIII and the not-to-exceed amount set forth within the ITC. Design-Builder assumes the risk that it will incur costs in excess of that amount in its performance of the changed Work described in the ITC. Where an ITC is signed only by the ADR, the not-to-exceed amount shall be deemed not to exceed the amount stated in ¶ XVII(C), unless a smaller amount is indicated in the ITC.
e. Upon the ADR’s issuance of an ITC, Design-Builder’s Work (or Design Services, as the case may be) shall be modified accordingly; however, if Design-Builder believes that the amount specified in the ITC is unacceptable or that the change requires an increase in GMP or Contract Time, or a change in Project Schedule, Design-Builder shall perform the changed Work or Design Services, but shall promptly e-mail the ADR of its objections, and within seven days, submit a PCO to the ADR for consideration. Absence of objection and a timely PCO shall be deemed to be acceptance of the ITC by Design-Builder and a waiver of any claim for increased compensation or an extension of Contract Time.
f. Where the Parties are unable to agree to an acceptable not-to-exceed amount with respect to a given change, UGAA may, but is not required to, establish a Force Account for the changed Work, managed consistent with the Force Account provisions set forth below in this Article.
2. Design-Builder’s proposed changes or substitutions. No substitutions are permitted in the absence of a written approval as set forth in ¶ III(B).
Appears in 1 contract
Samples: Standard Form of Agreement
Changes in Scope of Work. 1. UGAA’s Instructions to Change (“ITC’s”). Without invalidating this Agreement, the ADR or XXXXUGAA’s undersigned authorized representative may order changes in the Work or the Design Services by issuing a written ITC to Design-BuilderContractor.
a. ITC’s shall be issued in substantially the form supplied as Supplement Q and consecutively numbered.
b. ITC’s with respect to Design Services that are issued by the Design-Builder Design Professional are not valid without the signature of the ADR or the undersigned authorized representative of UGAA.
c. ITC’s that result in a modification of Contract Time or GMP Contract Price will be incorporated into a Change Order within a reasonable time.
d. Where increased compensation is authorized by ITC, that compensation is calculated and limited in accordance with the Pricing of Adjustments provisions in this Article VIII and the not-to-exceed amount set forth within the ITC. Design-Builder Contractor assumes the risk that it will incur costs in excess of that amount in its performance of the changed Work described in the ITC. Where an ITC is signed only by the ADR, the not-to-exceed amount shall be deemed not to exceed the amount stated in ¶ XVII(CXVI(C), unless a smaller amount is indicated in the ITC.
e. Upon ADR’s issuance of an ITC, Design-BuilderContractor’s Work (or Design Services, as the case may be) shall be modified accordingly; however, if Design-Builder Contractor believes that the amount specified in the ITC is unacceptable or that the change requires an increase in GMP Contract Price or Contract Time, or a change in Project Schedule, Design-Builder Contractor shall perform the changed Work or Design ServicesWork, but shall promptly e-mail the ADR of its objections, and within seven days, submit a PCO to the ADR for consideration. Absence of objection and a timely PCO shall be deemed to be acceptance of the ITC by Design-Builder Contractor and a waiver by Contractor of any claim for increased compensation or an extension of Contract Time.
f. Where the Parties are unable to agree to an acceptable not-to-exceed amount with respect to a given change, UGAA may, but is not required to, establish a Force Account for the changed Work, managed consistent with the Force Account provisions set forth below in this Article.
2. Design-BuilderContractor’s proposed changes or substitutions. No substitutions are permitted in the absence of a written approval as set forth in ¶ III(B).
Appears in 1 contract
Samples: Construction Contract
Changes in Scope of Work. 1. UGAA’s Instructions to Change (“ITC’s”). Without invalidating this Agreement, the ADR or XXXXUGAA’s undersigned authorized representative may order changes in the Work or the Design Services by issuing a written ITC to Design-BuilderCM.
a. ITC’s shall be issued in substantially the form supplied as Supplement Q and consecutively numbered.
b. ITC’s with respect to Design Services that are issued by the Design-Builder Design Professional are not valid without the signature of the ADR or the undersigned authorized representative of UGAA.
c. ITC’s that result in a modification of Contract Time or GMP will be incorporated into a Change Order within a reasonable time.
d. Where increased compensation is authorized by ITC, that compensation is calculated and limited in accordance with the Pricing of Adjustments provisions in this Article VIII and the not-to-exceed amount set forth within the ITC. Design-Builder CM assumes the risk that it will incur costs in excess of that amount in its performance of the changed Work described in the ITC. Where an ITC is signed only by the ADR, the not-to-exceed amount shall be deemed not to exceed the amount stated in ¶ XVII(CXVI(C), unless a smaller amount is indicated in the ITC.
e. Upon the ADR’s issuance of an ITC, Design-BuilderCM’s Work (or Design Services, as the case may be) shall be modified accordingly; however, if Design-Builder CM believes that the amount specified in the ITC is unacceptable or that the change requires an increase in GMP or Contract Time, or a change in Project Schedule, Design-Builder CM shall perform the changed Work or Design ServicesWork, but shall promptly e-mail the ADR of its objections, and within seven days, submit a PCO to the ADR for consideration. Absence of objection and a timely PCO shall be deemed to be acceptance of the ITC by Design-Builder CM and a waiver by CM of any claim for increased compensation or an extension of Contract Time.
f. Where the Parties are unable to agree to an acceptable not-to-exceed amount with respect to a given change, UGAA may, but is not required to, establish a Force Account for the changed Work, managed consistent with the Force Account provisions set forth below in this Article.
2. Design-BuilderCM’s proposed changes or substitutions. No substitutions are permitted in the absence of a written approval as set forth in ¶ III(B).
Appears in 1 contract