Common use of CHANGES IN THE PROJECT – DELAYS – SUSPENSION OF WORK Clause in Contracts

CHANGES IN THE PROJECT – DELAYS – SUSPENSION OF WORK. 10.1 Change Orders - The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions, with the GMP and the Construction Completion Date being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. 10.1.1 A Change Order is a written order on an approved change order form to the Construction Manager signed by the Owner and issued after the execution of this Agreement, authorizing a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Cost of the Project. Execution of a change order by the Construction Manager serves as a waiver and an accord and satisfaction of all issues related to the work as identified in the change order. 10.1.2 The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: A. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect/Engineer and Owner; B. By unit prices stated in the Agreement or subsequently agreed upon; C. By cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or D. By the method provided in section 10.1.3. 10.1.3 If none of the methods set forth in section 10.1.2 are agreed upon, the Construction Manager, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the change. However, in the event a Change Order is issued under these conditions, the Architect/Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under section 10.1.2 above, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Cost of the Project as outlined in Article 9. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. 10.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price shall be equitably adjusted. 10.1.5 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encountered, the Guaranteed Maximum Price and the Construction Completion date may be equitably adjusted by Change Order upon a request for Change Order.

CHANGES IN THE PROJECT – DELAYS – SUSPENSION OF WORK. 10.1 Change Orders - The Owner, without invalidating this Agreement, may order Changes changes in the Project within the general scope of this Agreement consisting of additions, deletions deletions, or other revisions, with the GMP and the Construction Completion Date construction completion date being adjusted accordingly. All changes in the Project not covered by an authorized contingency shall be authorized by Change Order signed by the Owner before the change is implemented. 10.1.1 A Change Order is a written order on an approved change order form to the Construction Manager signed by the Owner and issued after the execution of this Agreement, authorizing a Change change in the Project, the Construction Manager's fee, or the Construction Completion construction completion date. Each adjustment in the GMP resulting from a change order shall clearly separate the amount attributable to the Direct Cost of the ProjectWork. Execution of a change order by the Construction Manager serves as a waiver and an accord and satisfaction of all issues related to the work as identified in the change order. 10.1.2 The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: A. By mutual acceptance of a lump sum sum, properly itemized and supported by sufficient substantiating data to permit evaluation by the Architect/Engineer and Owner; B. By unit prices stated in the Agreement or subsequently agreed upon; C. By cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or D. By the method provided in section 10.1.3. 10.1.3 If none of the methods set forth in section 10.1.2 are agreed upon, the Construction Manager, provided he receives a written order signed by the Owner, shall promptly proceed with the Work work involved. The cost of such Work work shall then be determined on the basis of the reasonable expenditures and savings of those performing the Work work attributed to the change. However, in the event a Change Order is issued under these conditions, the Architect/Engineer will establish an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that estimate without prior written approval by the Owner. In such case, and also under section 10.1.2 above, the Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the increase in the Direct Cost of the Project Work as outlined in Article 9. The amount of decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or change which results in a net decrease in cost will be the amount of the actual net decrease. 10.1.4 If unit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work work proposed will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed Maximum Price shall be equitably adjusted. 10.1.5 Should the Construction Manager encounter concealed conditions encountered in the performance of the Work below the surface of the ground underground or should concealed or unknown conditions in within an existing structure be that are materially at variance with the conditions indicated intent of the drawings or specifications, or other information furnished by the Drawings, Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encounteredOwner, the Guaranteed Maximum Price and the Construction Completion date may Manager shall be equitably adjusted by entitled to request a Change Order upon a to equitably adjust the guaranteed Maximum Price. Owner’s approval of such request for Change Ordershall not be unreasonably withheld.