Changes in the Work. 1) The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law. 2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall not exceed ten (10) percent of the original Contract price. 3) In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 50, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract price.
Appears in 14 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Changes in the Work. 1) 49.1.1 The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire XxxxxxxxMarshal, if applicable, as required by law.
2) 49.1.2 If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the workWork, the price fixed in the Contract shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work Work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall not exceed ten (10) percent of the original Contract pricePrice.
3) 49.1.3 In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract pricePrice. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 50, Resolution 80 as pertaining to resolution of Construction ClaimsDisputes. Notwithstanding any dispute Dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract pricePrice.
Appears in 3 contracts
Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement
Changes in the Work. 1) The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law.
2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract Total Base Rent shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by lawlaw or as set forth in Exhibit D, the total cost of all Modifications shall not exceed ten (10) percent of the original Contract price.
3) In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 50, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract priceTotal Base Rent.
Appears in 3 contracts
Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement
Changes in the Work. 1) The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law.
2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall not exceed ten (10) percent of the original Contract price.
3) In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 5040, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract price.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Changes in the Work. 1) The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law.
2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract Total Base Rent shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall not exceed ten (10) percent of the original Contract price.
3) In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 50, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract priceTotal Base Rent.
Appears in 1 contract
Samples: Lease Leaseback Agreement
Changes in the Work. 1) The DistrictMVCS, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law.
2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall hall not exceed ten (10) percent of the original Contract price.
3) In the case of a disputed work item, the District MVCS may direct the Contractor to perform the disputed work at no additional cost to the District MVCS on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 5040, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the DistrictMVCS’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District MVCS may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract price.
Appears in 1 contract
Samples: Construction Contract
Changes in the Work. 1) The District, before the date of acceptance of the work, may, without notice to the Sureties, order changes in the work (“Modifications”), may order extra materials and extra work in connection with the performance of the Contract, and the Contractor shall promptly comply with such orders. All Modifications must be approved by DSA and the State Fire Xxxxxxxx, if applicable, as required by law.
2) If changes ordered in design, workmanship or materials are of such a nature as to increase or decrease the cost of any part of the work, the price fixed in the Contract shall be increased or decreased by such amount as represents the reasonable and proper allowance for the increase or decrease in the cost of the work in accordance with the provisions of this Article, and any other applicable terms of the Contract, including, but not limited to, the Contractor’s schedule of values and the price for allowances, if any. Except as provided by law, the total cost of all Modifications shall hall not exceed ten (10) percent of the original Contract price.
3) In the case of a disputed work item, the District may direct the Contractor to perform the disputed work at no additional cost to the District on the grounds that the work is adequately indicated in the Contract Documents, and therefore already included in the Contract price. If the Contractor maintains that the disputed work represents a modification to the Contract, Contractor may submit a claim in accordance with Article 5040, Resolution of Construction Claims. Notwithstanding any dispute regarding the requirements of the Contract Documents, Contractor shall promptly and fully comply with the District’s directive. Contractor’s failure to do so shall be deemed a material breach of this Contract, and in addition to all other remedies, District may, at its sole discretion, hire another contractor and/or use its own forces to complete the disputed work at Contractor’s sole expense, and may deduct the cost of such work from the Contract price.
Appears in 1 contract
Samples: Contract