Common use of Changes in the Work Clause in Contracts

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. 6.1 Subcontractor shall make any and all changes in to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. . 6.2 If necessary, and in accordance with the contract price other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. . 6.3 Payment for changed work shall be made in accordance with Section 4. . 6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from Owner the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. 6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements. 6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work is constitutes a change in to the work described in Section 2Work, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of any claim for additional compensation for that work within ten five (105) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimwas performed. Subcontractor’s 's failure either to give the written notice before proceeding with perform the work or failure to submit give timely notice of the change and claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. . 6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor 9.1 Without invalidating the Agreement and accompanying Xxxxx, OWNER may, at any time or from time to time, order additions, deletions or revisions in the work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall make proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any and all Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time an equitable adjustment will be made as provided in Article 10 or Article 11 based on a claim made by either party. 9.2 PROJECT MANAGER may authorize minor changes in the work described Work not involving an adjustment in the Contract Documents Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions binding on OWNER, and on CONTRACTOR who shall perform the change promptly. 9.3 Additional Work performed without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount an extension of the addition to or deduction from Contract Time, except in the price or time. If Contractor case of an emergency as provided in Article 6.22 and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor except as provided in Articles 9.2 and 12.9. 9.4 OWNER shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made execute appropriate Change Orders in accordance with Section 4. Subcontractor shall not make any Articles 10 and 11 of the General Conditions as prepared by PROJECT MANAGER covering changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. Work, which are required by OWNER. 9.5 If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability notice of any nature whatsoever associated with change affecting the general scope of the Work or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice Price is required by the provisions of any Bond to be given to the surety, it will be CONTRACTORS responsibility to notify the surety, and the amount of each applicable Bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such surety adjustment to OWNER. 9.6 If such changes or alterations diminish the quantity of any work to be done, such change, alteration, modification, changes or deviationalterations shall not constitute the basis for damages or anticipated profits on the work that may be deleted from the contract. It is the intent of these Contract Documents that payment for all work performed and all materials furnished shall be for the actual work performed and the actual quantity of materials furnished.

Changes in the Work. Subcontractor shall (a) Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to the Surety or Sureties who issued Subcontractor’s bonds, make any and all changes in the work described to be performed hereunder, within the general scope hereof. If such changes cause an increase or decrease in the Contract Documents and this Agreement as directed by Contractor cost of the work or in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the required time for Subcontractor’s performance its performance, an equitable adjustment shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs made subject to the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount conditions of the addition to or deduction from the price or timethis Paragraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any claimed work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made Contractor in accordance with Section 4. the change and dispute provisions of this Subcontract and, if applicable, the Prime Contract Documents. (b) Subcontractor shall not make any no changes in the work described nor shall it be entitled to any additional compensation unless first authorized in Section 2 a change order signed by Contractor’s Project Manager. (c) No increase in compensation of the Subcontractor or extension of time for performance shall be allowed for change order work unless the Subcontractor makes application therefor, in any way cause or allow that work writing, to deviate Contractor within seven (7) days from the date on which Subcontractor receives a notification of change in the work, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the terms of the Contract Documents without written direction from ContractorDocuments, whichever is earlier), whether the notification instructs Subcontractor to proceed or not-to-proceed with the work. Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays. If Subcontractor makes any changes does not submit an application in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In additionthis time period, Subcontractor shall be liable for deemed to waive and release any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation and additional time required for that work within ten (10) days after such work is performed the performance of work. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in sufficient detail the change order with no adjustment to Subcontractor’s compensation or time required for Contractor to make an evaluation the performance of the merits work. (d) Notwithstanding any other provision of this Subcontract, to the maximum extent allowed by applicable law, Contractor will be liable to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages to Subcontractor, resulting from or arising out of: (1) any acts or omissions by Owner, Architect, third-party utilities, governmental and regulatory authorities, or anyone for whom these parties may be responsible, (2) fire or other casualty, riots, strikes or other combined action of the workmen or others, (3) any acts of God, or (4) any other cause beyond Contractor’s reasonable control, only if and to the extent Owner is liable to Contractor for such damages and actually pays Contractor for such damages. It is expressly understood that the only obligation Contractor has to Subcontractor under this provision is to pass on to Owner any claim Subcontractor has for such damages, and to pay to Subcontractor any amounts which Owner pays to Contractor as a result of such claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it Subcontractor will not be paid reimburse Contractor for the disputed work. No changeall costs and expenses, alterationincluding attorneys’ and consultants’ fees and costs, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given incurred in connection with this Agreementpresenting any such claim to Owner. (e) If Subcontractor is performing disputed work pursuant to Section 5(a) above, the time and material cost associated with such work must be tracked and submitted to Contractor on a daily basis. Failure to provide any time and material tickets on a daily basis shall be agreement by the Subcontractor that work was not performed that day, and/or the work that was performed is not recoverable from Contractor. Any signature by Contractor employee on a time and material daily ticket shall mean Contractor is acknowledging receipt of the time and material ticket only, and no notice such signature shall not be construed in and of itself as an admission that Contractor is required to be given to such surety of accepting any such change, alteration, modification, time or deviationcost as extra work or that the cost associated with such time or material is otherwise due Subcontractor.

Changes in the Work. 3.1 The Owner may make changes in the Work by issuing modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform work, which would be inconsistent with the changes made by the modifications to the Prime Contract. Subcontractor agrees and understands that the site superintendent has no authority to approve change orders and any and all subcontractor’s change orders must be approved in writing by Contractor’s Project Manager. 3.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract issued subsequent to the execution of this Agreement, the Subcontract sum and the Subcontract time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract sum and Subcontract time for such revised Work in a manner consistent with requirements of the Subcontract documents. 3.3 The Subcontractor shall make all claims promptly to the Contractor for additional cost, extensions of time and damages for delays or other causes in accordance with the Subcontract documents for any and all changes claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work a specified manner shall be made in accordance with Section 4. Subcontractor shall not make any changes in sufficient time to permit the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation satisfy the requirements of the merits Prime Contract. The Contractor shall receive such claims not less than two working days preceding the time by which the Contractor’s claim must be made. Failure of the claim. Subcontractor’s failure either Subcontractor to give make such a timely claim shall bind the written notice before proceeding with Subcontractor to the work or same consequences as those to submit claim within which the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice Contractor is required to be given to such surety of any such change, alteration, modification, or deviationbound.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If 6.1 The Contractor and Subcontractor cannot agree on that the amount of the addition Contractor may, by written directive, modify, add to or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate deduct from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Work covered by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and to the extent warranted a Change Order shall be issued therefor. The Subcontractor agrees to proceed with the Work as changed when so ordered in writing by the Contractor so as not to delay the progress of the Work and pending Contractor’s issuance of a Change Order, unless Contractor first requests a proposal of cost before the change is affected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request. 6.2 The value of the change order shall be calculated as the actual cost of the change plus 10% for overhead and profit, unless a lesser percentage is stipulated in the Contractor’s contract with the Owner. Labor cost shall not include field supervision, project management or any other office personnel. The Subcontractor shall provide all back-up as deemed necessary by the Contractor to substantiate actual cost with all change order requests. 6.3 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind regardless of whether the same was ordered by the Contractor or any of its representatives unless a Change Order therefor has been issued in writing by the Contractor. 6.4 The Subcontractor agrees that no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor shall be valid unless written notice of such claim is required to be given to the Contractor prior to the furnishing of the services or material. Subcontractor shall be bound by any changes or alterations made by Owner to the Contract Documents or to the Subcontract Work to the same extent that Contractor is bound. Subcontractor also agrees that the terms of the Contract Documents relating to changes, changed conditions, extra work, Owner-furnished property, suspension of work, termination, claims and disputes are incorporated herein by reference, except that to the extent they may conflict with any term herein this Agreement shall control. 6.5 In addition to the requirements of Section 6.3, if the Subcontractor believes that any order, directive, or condition entitles Subcontractor to extra compensation or an extension of time, Subcontractor shall, as a condition precedent to any recovery therefor, give the Contractor written notice of its claim not later than three (3) days after the occurrence of the event giving rise to the claim and, within 14 days thereafter, shall furnish in writing sufficient facts in support of its position as may be necessary for a decision. Any claim by the Subcontractor for extra compensation or an extension of time not so made shall be waived, and the Subcontractor shall not be entitled to any extra compensation or an extension of time as a result thereof. 6.6 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation or a time extension is determined by the Owner or Architect/Engineer not to entitle the Contractor to a such surety a contract adjustment, then the Contractor shall not be liable to the Subcontractor for any extra compensation time extension for such Work, unless Contractor agrees in writing to such extra compensation. 6.7 The Subcontractor shall pay, immediately upon demand therefor, all costs, losses, damages and expenses, and all administrative, management, overhead and other direct or indirect expenses, including reasonable attorneys' fees (the "Costs") incurred by the Contractor in connection with any default by Subcontractor or exercise by Contractor of any right to remedy upon Subcontractor's default. If the Subcontractor does not pay the Costs immediately, the Contractor may deduct all such Costs from any payments otherwise due. If payments due or to become due to the Subcontractor are not sufficient to cover the Costs, the Subcontractor immediately shall pay to Contractor the full amount of any such changeexcess with interest thereon nine percent (9%) per annum. The liability of the Subcontractor hereunder shall extend to and include, alterationwithout limitation, modificationthe full amount of Costs incurred and obligations assumed by the Contractor in good faith under the reasonable belief that such Costs or obligations were necessary or required, (i) in completing the Work and providing labor, materials, equipment, supplies and other items therefor or deviationresubcontracting the Work, and/or (ii) in settlement, discharge or compromise of any claims, demands, suits or judgments pertaining to or arising out of the Work.

Changes in the Work. Subcontractor shall 3.1 The Owner may make any and all changes in the work described in Subcontractor’s Work by issuing change directives, change orders or otherwise as provided by the Contract Documents and this Agreement (herein referred to collectively as directed “Modifications”). Upon being notified of such a Modification, the Subcontractor shall not, without Contractor’s consent, thereafter order materials or perform Work which would be inconsistent with the changes made by Contractor the Modification. 3.2 The Subcontractor may be ordered in writing. Such change writing by the Contractor, to make changes in the Work consisting of additions, deletions or written direction shall not invalidate other revisions, including those required by Modifications to the General Contract issued subsequent to the execution of this Agreement. If necessary, the contract price stated in Section 3 Subcontract Sum and the time Subcontract Time being adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs adjustment to the changed work. Subcontractor shall supply Contractor Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with all documentation necessary to substantiate the amount requirements of the addition to Subcontract Documents. 3.3 No alterations, increases or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work decreases shall be made in accordance with Section 4the Work as shown or described by the Subcontract Documents except as specifically authorized or directed by a written order signed by a duly authorized representative of Contractor. Subcontractor shall not have no claim for additional, extra or changed Work unless such Work is undertaken in pursuance of such written signed order. Any Work performed without such written order will be at Subcontractor's sole risk and expense. 3.4 The Subcontractor shall make any changes claims promptly to the Contractor for additional cost, damages and extensions of time in accordance with the work described in Section 2 Subcontract Documents. A claim which will affect or become part of a claim which the Contractor is required to make under the General Contract within a specified time period or in any way cause a specified manner shall be made in sufficient time to permit the Contractor to satisfy the requirements of the General Contract. Such claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor's claim must be made. Failure of the Subcontractor to make such a timely claim shall bind the Subcontractor to the same consequences as those to which the Contractor is bound. 3.5 If Owner, Contractor or allow that work to deviate from Architect disputes the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such validity or amount of a change constitutes an agreement proposal or claim submitted by Subcontractor that it will not be paid for that changed work, even or if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises exists between Subcontractor and Contractor and concerning whether the Work entitles Subcontractor about whether particular work is a change in the work described in Section 2, to additional compensation but Contractor nevertheless directs Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for proceed with the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after promptly commence, prosecute and complete such work is performed in sufficient detail for Contractor to make an evaluation Work pending resolution of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationdispute.

Changes in the Work. Subcontractor shall A. Contractor Change Notice Directives: Contractor may, without notice to sureties, by written Change Notice, denominated as such, signed by the Contractor’s Representative, unilaterally make any and all changes in change to the Subcontractor’s work described in the Contract Documents Documents, including but not limited to changes: 1. in the drawings and this specifications; 2. in the method, manner, or sequence of Subcontractor’s work; 3. directing acceleration or deceleration in the performance of the work; 4. modifying the schedule of the work; and 5. adding to or deleting from the Subcontractor’s Scope of Work. Upon receipt of a Change Notice, Subcontractor shall promptly proceed with the Work reflected by the Change Notice in accordance with the directives of Contractor. B. Pricing Change Order Work; Agreement as directed by On Change Orders: Subcontractor shall within a reasonable time after receipt of a Change Notice, submit to Contractor in writingan itemized estimate reflecting any cost changes and/or time impact required to make the requested changes. Such change or written direction The itemized estimate shall not invalidate this Agreementdetail the anticipated direct labor man-hours and labor costs, direct material, direct equipment, applicable labor markups for employee labor burdens and benefits. Xxxx-up on Subcontractor’s direct costs shall be ten percent to cover supervision, field office and home office overhead, and profit. If necessaryadditional time is sought, the contract price stated in Section 3 estimate shall provide a detailed explanation how and why the time for requested change will impact the critical path of the Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor All elements of potential cost and time impact are subject to negotiation. If the parties agree with all documentation necessary respect to substantiate the amount of the addition change and the time impact, if any, associated with the change, then the parties shall execute a Change Order signed by both parties. Agreement on any Change Order shall constitute a full and final settlement and accord and satisfaction of all matters relating to or deduction from the price or timechange in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the construction schedule. C. Proceedings If Parties Cannot Agree On Change Order: Subcontractor shall timely perform the work contemplated by the Change Notice regardless of whether the parties agree on a Change Order. If Contractor and Subcontractor the parties cannot agree on the amount of the addition or deletiona Change Order, then Subcontractor shall nonetheless timely perform treat the work matter as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made a claim and proceed in accordance with Section 4Paragraph G below. Subcontractor’s claim for a time extension is limited to the documented effect that the change work will have on the critical path of the Subcontractor’s work. If it is reasonably possible to perform the change in the work concurrently with Work that is critical to overall completion, no time extension shall be granted by reason of a change in the Work. Subcontractor’s claim for extra costs shall be limited to the amount by which Subcontractor’s direct costs have been reasonably increased over the direct cost of performing the Work without the change in the Work, plus ten percent (five percent on Sub-Subcontractor’s work) of direct cost to cover supervision, field office and home office overhead, and profit. D. Unauthorized Changes In the Work: Subcontractor shall not make any changes in the work described in Section 2 or that would in any way cause or allow that the work to deviate from that required in the Contract Documents without written direction first obtaining a Change Notice from the Contractor, or an Alternate Submittal approved in writing by the Architect or Owner. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractorreceiving such documentation, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such unauthorized change it makes without written direction from Contractor. in the work. E. Disputes About Subcontractor’s Scope Of Work: If a dispute arises between Subcontractor and Contractor and Subcontractor about with respect to whether particular work is a change in the work described in Section 2scope of the work, Subcontractor shall give Contractor prompt written notice of the matter before proceeding with the work. Such written notice shall include an estimate of the extra costs the Subcontractor believes will be involved with the disputed work, and the effect on the project schedule, if any. Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for Within ten days after completing the disputed work, it Subcontractor shall give prompt written notice to provide Contractor before proceeding with a claim in writing detailing Subcontractor’s direct costs and markup, which shall be computed in accordance with the work. In additionprovisions of Subparagraph C above, Subcontractor shall submit its written and any claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claima time extension. Subcontractor’s failure to provide either to give the required written notice before proceeding with the work disputed work, or to submit timely provide the written claim within after completing the ten (10) days constitutes disputed work shall constitute an agreement by it Subcontractor that it will not be paid for the disputed work. No changeSubcontractor shall treat any such dispute as a claim and proceed in accordance with Paragraph G below. Subcontractor shall proceed diligently with performance of the work, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made including work in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementdispute, and no notice is required to be given to such surety comply with the directions of any such changethe Contractor, alteration, modification, or deviationpending final resolution of the Dispute.

Changes in the Work. Subcontractor shall make 12.1 OWNER must have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless OWNER has agreed in writing to a longer period of time), CONTRACTOR must submit an itemized estimate of any cost or time increases or decreases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for minor changes ordered by DESIGN PROFESSIONAL, no addition or changes to the Work must be made except upon written order of OWNER, and all OWNER must not be liable to CONTRACTOR for any increased compensation or adjustment to the Contract Time without such written order. No officer, employee or agent of OWNER is authorized to direct any extra or changed work orally. 12.2 A Change Order, in the form attached as Exhibit J to the Contract, must be prepared by the CONTRACTOR, reviewed by DESIGN PROFESSIONAL and OWNER, and executed promptly by the parties after an agreement is reached between CONTRACTOR and OWNER concerning the requested changes. CONTRACTOR must promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time must be adjusted in the Change Order in the manner as OWNER and CONTRACTOR must mutually agree. 12.2.1 The OWNER may elect to charge changes in the work described Work against the established project contingency provided funds in the contingency area available and provided that doing so does not increase the Contract Documents amount or the Contract time. The CONTRACTOR must utilize the “OWNER’S Contingency Fund Disbursement Request Form” attached as Exhibit T to the Agreement, in this situation and this Agreement must keep a log of all items charged against the contingency amount, on the form attached as Exhibit U to the Agreement. 12.3 If OWNER and CONTRACTOR are unable to agree on a Change Order for the requested change, CONTRACTOR must, nevertheless, promptly perform the change as directed by Contractor OWNER in writinga written Construction Change Directive. Such change or written direction shall not invalidate this AgreementIn that event, the Contract Amount and Contract Time must be adjusted as directed by OWNER. If necessaryCONTRACTOR disagrees with OWNER'S adjustment determination, CONTRACTOR must make a Claim pursuant to Paragraph 13 of these General Conditions or else be deemed to have waived any Claim it might otherwise have had on that matter. 12.4 In the contract price stated event a requested change is approved by OWNER which results in Section 3 and either an increase or decrease to the time for Subcontractor’s performance shall Contract Amount, a Change Order must be adjusted issued which increases or decreases the GMP by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor CONTRACTOR'S actual and Subcontractor cannot agree on the amount reasonable direct Cost of the addition Work (including bond premiums). In the event such change Work is performed by subcontractors or deletionsub-subcontractors, Subcontractor shall nonetheless timely perform a maximum ten percent (10%) markup for each of those subcontractors and sub- subcontractors for all overhead and profit on their direct labor and material costs must be permitted. CONTRACTOR must not be entitled to any mark-up for Change Order or Construction Change Directive work, nor must the work CONTRACTOR’S fee, overhead or profit be increased or decreased as changed by Contractor’s written directiona result of any Change Order or Construction Change Directive work. Once Subcontractor receives Contractor’s written directionCONTRACTOR must not retain any portion of this change Work or mark up for himself for any reason. Provided, Subcontractor however, if at the time final payment is solely responsible for timely performance made to CONTRACTOR the total Cost of the work Work has been decreased by approved Change Orders or Construction Change Directives in an amount causing the original GMP as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes set forth in the work described Compensation Amendment to be reduced by more than $0.00, then CONTRACTOR’S Fee must be reduced in Section 2 or in any way cause or allow that work an amount equal to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes same percentage of reduction in the work described in Section 2 without written direction from GMP amount. 12.5 Owner must have the right to conduct a review or audit of Contractor's books and records, such change constitutes an agreement by Subcontractor that it will not be paid for that changed workas well as those of its subcontractors and suppliers, even if it received verbal direction from Contractor or any form to verify the accuracy of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever Contractor's claim with respect to Contractor's costs associated with any Change Order or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Construction Change Directive. 12.6 Design Professional may direct Contractor to make an evaluation of changes to the merits of the claim. Subcontractor’s failure either Work, not including any adjustment to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract DocumentsAmount or Contract Time. All such changes must be evidenced by a written order from Design Professional to Contractor, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required a copy to be given to Owner. Contractor must comply with all such surety of any such change, alteration, modification, or deviationorders.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor Subject to the terms of the Prime Contract, Contractor shall make any have the right and all changes power to request a change in the work described in Sublet Work. Should Contractor, at any time during the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount progress of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletionWork, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make request any changes in the work described Scope of the Sublet Work in Section 2 this Agreement, Subcontractor shall within a reasonable time thereafter submit an itemized estimate reflecting any cost changes required to make the changes. Such itemized estimate shall be furnished in sufficient detail that Contractor can distinguish the direct labor man-hours and labor costs, direct material, direct equipment, applicable labor markups for employee labor burdens and benefits, and allocation of home office overhead and a reasonable profit. All elements of potential cost are subject to negotiation, however; in the event agreement cannot be reached on estimated costs, Subcontractor reimbursement will be limited to actual direct costs plus 10% markup. It is distinctly understood and agreed, regardless from whom orders may be taken for changes in the Scope of the Work, that no such changes are to be made except by a written Subcontract or in Work Release Change Order issued by an authorized signatory of Contractor and then only when such order sets forth the amount of any way cause addition or allow that work deduction and is signed by both parties thereto. In addition to deviate from any General Contractor Officer of the Contract Documents without written direction from ContractorCorporation, authorized signatories shall be stated on the assigned Work Release. If Subcontractor makes any changes in initiates a substitution, deviation or change which affects the work described in Section 2 without written direction from Scope of Work or the Sublet Work or causes expense to Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all lossesthe expenses thereof. Notwithstanding anything herein to the contrary, costsContractor may, expensespursuant to the requirements of the Prime Contract, damages, and liability order Subcontractor to proceed with changes for which final price and/or time have not been determined. Subcontractor shall proceed with the Work in accordance with the directives of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises In the absence of an agreement between Contractor and Subcontractor about whether particular work is on the proper change to the amount or the time for performance of any Work Release because of a change in the work described in Section 2Work, Subcontractor shall timely perform may treat the disputed work. If Subcontractor intends to submit matter as a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the workclaim. In additionsuch event, the Subcontractor shall submit be entitled to recover only the amount by which its written claim for additional compensation for that work within direct costs have been reasonably increased over the direct cost of performing the Work without the change in the Work, plus ten percent (10%) days after such work is performed in sufficient detail for Contractor (5% on Sub-Subcontractor's work) of direct cost to make an evaluation cover supervision, field office and home office overhead, profit and all other costs. Direct costs shall be limited to lesser of actual or reasonable costs of the merits following: 1. Cost of Labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker's compensation insurance; 2. Materials, supplies and equipment including cost of transportation, whether incorporated or consumed; 3. Rental cost of machinery and equipment, exclusive of hand tools, whether rented from the Subcontractor or others at rates that are no greater than market rates in the locale of the claimWork at the time of the Work. The rental value of the Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will 's own equipment shall not be paid for the disputed work. No changemore than local rental rates, alteration, or modification which rates shall be further adjusted to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, reflect cost exclusive of overhead and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.profit;

Changes in the Work. Subcontractor shall FLINT may, at any time, on written order without notice to the surety and without invalidating this Subcontract, make any and all changes (including without limitation additions, deletions, alterations, revisions, substitutions or derivations) in the work described in Work and Subcontractor agrees to proceed with the Contract Documents and this Agreement Work as directed by Contractor XXXXX’x written order. Any claim for an extension of time for completion or for adjustment of the Subcontract Sum shall be made in writingwriting by Subcontractor within two (2) days after XXXXX directs performance of the extra or changed work. Such To be clear, any order directing a change or written direction shall not invalidate this Agreementin the Work must be in writing to be valid. If necessarythe changed work is of urgency, the contract price stated in Section 3 FLINT may require negotiation immediately on any cost or time increase. Subcontractor shall perform such extra or changed work, and the time for Subcontractor’s performance Subcontract Sum shall be adjusted by appropriate additions the amount as agreed to by the parties. Notwithstanding the payment provisions of this Subcontract as provided in Paragraph 21 below, it is an express condition precedent, however, that payment or deductions mutually agreed upon before a grant of additional time shall not be due to Subcontractor performs for such changed or extra work until XXXXX has received payment or additional time adjustment from the Owner for said changed or extra work. , and that such extra or changed work has been performed to the satisfaction of XXXXX and the Owner by Subcontractor. 13.1 Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely be responsible for timely performance any costs incurred by XXXXX for changes of any kind made by Subcontractor that increase the cost of the work as changed by the for either FLINT or any other subcontractors when Subcontractor proceeds with such changes without a written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any order therefor. 13.2 For changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Work approved by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In additionXXXXX as provided herein, Subcontractor shall be liable paid for any Overhead, General Conditions (including insurance and all losses, costs, expenses, damages, bonds) and liability Fee an amount consistent with the Contract Documents. In the absence of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2conditions, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No changeOverhead, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or General Conditions and Fee as follows: 13.3 To overcome delays for which Subcontractor is not, shall release or exonerate, in whole or in partpart responsible for, Subcontractor shall work overtime or extra shifts to overcome any bond or any surety such delays and shall be paid for overtime if and only if directed specifically, in writing, by XXXXX. Any such extra compensation shall further be based upon hours shown on any bond given in connection with this Agreementdaily time sheets, which have been submitted to, and no notice is required to be given to approved by FLINT. Only the premium portion of such surety approved overtime, exclusive of any markups for overhead and/or fee, shall be considered for any such change, alteration, modification, or deviationextra compensation.

Changes in the Work. Subcontractor 10.1 Owner shall make have the right at any and all time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner in the form of a Work Directive, Exhibit E-2, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work described orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Documents Amount and this Agreement Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive. Such change or written direction shall not invalidate this Agreement. If necessaryIn that event, the contract price stated in Section 3 Contract Amount and the time for Subcontractor’s performance Contract Time shall be adjusted as directed by appropriate additions Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or deductions mutually agreed upon before Subcontractor performs else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the changed work. Subcontractor shall supply Contractor with all documentation necessary event a requested change results in an increase to substantiate the Contract Amount, the amount of the addition increase shall be limited to or deduction from the price or timeContractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. If In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor cannot agree or sub-subcontractor for field and home office overhead is included in the markups noted above. No markup shall be placed on the amount sales tax, shipping or subcontractor markup. 10.5 Owner, or any duly authorized agents or representatives of the addition or deletionCounty, Subcontractor shall nonetheless timely perform have the work as changed by right to conduct an audit of Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance 's books and records to verify the accuracy of the work as changed by the written direction. Contractor's claim with respect to Contractor's costs associated with any Payment for changed work Application, Change Order or Work Directive Change. 10.6 The Project Manager shall be made in accordance with Section 4. Subcontractor shall not make any have authority to order minor changes in the work described Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be affected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in Section 2 or in any way cause or allow that work to deviate from compliance with the County Procurement Ordinance, as amended and the terms of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in effect at the work described in Section 2 without written direction from Contractor, time such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationmodifications are authorized.

Changes in the Work. Subcontractor 10.1. Owner shall make have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Construction Manager shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and all changes Owner shall not be liable to Construction Manager for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 10.2. A Change Order, in the work described form attached as Exhibit G to this Agreement, shall be prepared by the Construction Manager, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Manager and Owner concerning the requested changes. Construction Manager shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Contract Documents Change Order in the manner as Owner and this Agreement Construction Manager shall mutually agree. 10.3. If Owner and Construction Manager are unable to agree on a Change Order for the requested change, Construction Manager shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement. If necessaryIn that event, the contract price stated in Section 3 Contract Amount and the time for Subcontractor’s performance Contract Time shall be adjusted as directed by appropriate additions Owner. If Construction Manager disagrees with Owner' s adjustment determination, Construction Manager must make a claim pursuant to Section 11 of these General Conditions or deductions mutually agreed upon before Subcontractor performs else be deemed to have waived any claim it might otherwise have had on that matter. 10.4. In the changed work. Subcontractor event a requested change is approved by Owner which results in an increase to the Contract Amount, a Change Order shall supply Contractor with all documentation necessary to substantiate be issued which increases the GMP by the amount of the addition Construction Manager' s actual and reasonable direct Cost of the Work. In the event such change Work is performed by a subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted. Construction Manager shall not be entitled to or deduction from any xxxx-up for Change Order work, nor shall the price or timeConstruction Management Fee be increased as a result of any Change Order work. If Contractor Provided, however, if at the time final payment is made to Construction Manager the total Cost of the Work has been increased by approved Change Orders in an amount causing the GMP originally set by Construction Manager and Subcontractor cannot agree on Owner to be exceeded by $25,000, Construction Manager shall be entitled to an increase to the Construction Management Fee in the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance eight percent (8%) of the work as changed by amount exceeding the written directionsum of $25,000 and the GMP. 10.5. Payment for changed work Owner shall be made in accordance have the right to conduct an audit of Construction Manager' s books and records to verify the accuracy of Construction Manager' s claim with Section 4respect to Construction Manager' s costs associated with any Change Order. 10.6. Subcontractor Design Professional shall not make any have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work Work not involving an adjustment to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in Amount or an extension to the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will Contract Time and not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding inconsistent with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation intent of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, . Such changes may be effected by written order issued by Design Professional. Such changes shall release or exonerate, in whole or in part, any bond or any surety be binding on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationConstruction Manager.

Changes in the Work. Subcontractor shall make any and all changes 6.1 Owner, without invalidating the Contract Documents, may order Changes in the work described Work consisting of additions, deletions or other revisions of the Work, with the Base Bid Price and(or) the Contract Time being adjusted accordingly (individually a “Change” and collectively “Changes”). All such Changes in the Work shall be authorized by “Change Order”, and shall be performed pursuant to the Contract Documents. A Change may result in a modification to the quantities set forth in Exhibit A hereto, but any such Change shall be priced in accordance with the Unit Prices. 6.2 Within three (3) business days of receipt of an order for Change(s) from Owner, Contractor shall prepare and submit to Owner, a detailed breakdown (with all supporting documentation) sufficient to enable Owner to determine the effect on the Base Bid Price, if any, and the effect on the Project Schedule, if any, of a proposed Change. Such breakdown and documentation shall reflect all labor, services and materials altered, added, omitted or changed by the proposed Change(s), with the detailed breakdowns, estimates and verification of prices by Contractor and each applicable subcontractor (but with no change in the Unit Prices). Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. When a Change request requires immediate commencement of Work described, then Contractor shall submit a rough order of magnitude cost estimate within three (3) business days of commencing such Work. Owner will, on periodic basis and in accordance with the Contract Documents and C.R.S. 24-91-103.6 (2)(c), make period reimbursements for additional Work that is directed by Owner and performed by Contractor until a Change Order is finalized. In no instance, shall the periodic reimbursement be required before the Contractor has submitted an estimate of cost to the Owner for the additional Work to be performed. 6.3 Upon issuance of a Change Order by Owner, Contractor and its subcontractors will perform the Change(s) in the Work incorporated by the Change Order. 6.4 If there is a disagreement regarding the amount of adjustments to the Base Bid Price and(or) Contract Time in a Change Order, the Base Bid Price and the Contract Time shall be adjusted unilaterally by Owner by the amounts shown in the Change Order executed by Owner. Contractor may oppose any such unilateral decisions of Owner only by utilizing the dispute resolution provisions set forth in Section 19.7 the General Conditions and without any stoppage of the Work. As to any adjustments to the Base Bid Price set forth in said Change Order, the same shall be ultimately calculated as set forth in the Contract Documents (without any change in the Unit Prices). 6.5 Notwithstanding and this Agreement as directed pending resolution of any dispute regarding any adjustment in the Base Bid Price or Contract Time with respect to a Change, Contractor shall promptly proceed with Work required by any Change Order issued by Owner. 6.6 No Change Orders or other form of order or directive which requires additional compensable work to be performed may be issued or be effective unless accompanied by a written assurance to the Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, that lawful appropriations to cover the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount costs of the addition to additional work have been made or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount unless such work is covered under a remedy-granting provision of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any Agreement. 6.7 Owner will have authority to order minor changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any Work not involving changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor Base Bid Price or any form of direction, written or otherwise, from Owner or any other person or entitythe Contract Time. In addition, Subcontractor Such changes shall be liable for any written orders and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between shall be binding on the Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor Owner. Contractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt carry out such written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationorders promptly.

Changes in the Work. Subcontractor shall make any and all changes in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Subcontract Price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction. Payment for changed work Work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work Work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed workWork, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work Work is a change in the work Work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall Work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work Work. Such written notice of claim must be given within ten seven (107) days after such work Work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s 's failure either to give the written notice before proceeding with the work or to submit claim within the ten seven (107) days constitutes an agreement by it Subcontractor that it will not be paid for the disputed workWork. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Agreement arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.

Changes in the Work. Subcontractor shall xxxxxx agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. SAMPLE Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writingpursuant to Contractor’s written direction. Such change or written direction shall not invalidate this Agreement. If necessaryapplicable, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary for Contractor to substantiate the amount of the addition to or deduction from the price any proposed change in cost or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular certain work is a change in the work scope described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed a reasonable time, but in no event shall it be later than 72 hours prior to Contractor’s requirement to provide notice to Owner under the Prime Contract. Failure by Subcontractor to provide timely notice will prejudice Contractor’s rights under the Prime Contract. Subcontractor’s written claim shall have sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days written claim, as provided above, constitutes an agreement by it that it will not is waiving its rights to be paid compensated for the disputed work. Contractor may request that Subcontractor submit change order proposals or other cost estimates in accordance with this Agreement and the Prime Contract. Subcontractor agrees to provide requested proposals with sufficient substantiation to meet the requirements of this Agreement and the Prime Contract, within the time required by the Prime Contract, so that Contractor can meet its obligations to Owner. Should Subcontractor fail to timely submit requested proposals or estimates, Subcontractor acknowledges that Contractor will be obligated to submit such proposals or estimates on their behalf and Subcontractor shall be bound by such submission. Subcontractor further agrees that it will be responsible for the direct costs incurred by Contractor in preparing and submitting proposals or estimates on Subcontractor’s behalf. If the Subcontractor intends to assert a claim which involves, in whole or in part, acts or omissions which are the responsibility of the Owner or another party, including but not limited to, claims for failure to pay, an extension of time, delay damages, or extra work, Subcontractor will fully comply with the requirements of the Prime Contract in that regard with the express understanding that failure to comply will prejudice Contractor’s rights and may invalidate Subcontractor’s claim. Any notice of claim from Subcontractor must clearly state that it is a contractual notice and must be in a form that complies with this Agreement and the Prime Contract. Communications in emails, daily reports, meeting minutes or other form(s) that do not comply with this Section shall not be considered proper or effective contractual notice. Contractor will present the Subcontractor’s reasonable and verified claims to the Owner or other responsible party. The Subcontractor shall cooperate fully with the Contractor in all steps taken in connection with prosecuting such claims and shall hold harmless and reimburse the Contractor for all expenses, including legal expense, incurred by Contractor which arise out of Contractor’s submission of Subcontractor’s claims to Owner or other responsible party. Subcontractor shall be bound by any adjudication or award in any action or proceeding resolving such claims. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contractPrime Contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make 1. Without invalidating the Contract, AUGUSTA may at any and all changes time or from time to time order additions, deletions, or revisions in the Work. The AUGUSTA shall provide CONTRACTOR with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, CONTRACTOR shall promptly submit a written proposal for the changed work described prepared in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate accordance within this Agreement. If necessarythe proposal request calls only for the deletion of Work, the contract price stated AUGUSTA may order the partial suspension of any Work related to the proposed deletion, in Section 3 and the time for Subcontractor’s which case CONTRACTOR must cease performance as directed; CONTRACTOR shall not be entitled to claim lost profits on deleted work. All changed Work shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs executed under the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount applicable conditions of the addition Contract Documents. 2. Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or deduction from an extension of the price Contract Time, except in the case of an emergency as provided as provided for within this Agreement. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. DRAFT 3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided for within this Agreement, and any other claim of CONTRACTOR for a change in the Contract Time or timethe Contract Price, PROJECT MANAGER will prepare a written Change Order to be signed by PROJECT MANAGER and CONTRACTOR and submitted to AUGUSTA for approval. 4. In the absence of an agreement as provided for within this Agreement, AUGUSTA may, at its sole discretion, issue a Work Change Directive to CONTRACTOR. Pricing of the Work Change Directive will be in accordance within the terms of this Agreement. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by AUGUSTA. If Contractor and Subcontractor cannot agree on CONTRACTOR fails to sign such Work Change Directive, CONTRACTOR may submit a claim in accordance within the amount terms of the addition or deletionthis Agreement, Subcontractor but CONTRACTOR shall nonetheless timely nevertheless be obligated to fully perform the work as changed directed by Contractor’s written directionthe Work Change Directive. 5. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely CONTRACTOR shall proceed diligently with performance of the work Work as changed directed by AUGUSTA, regardless of pending claim actions, unless otherwise agreed to in writing. 6. If notice of any change affecting the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in general scope of the work described in Section 2 Work or in any way cause or allow that work to deviate from the provisions of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in (including, but not limited to, Contract Price or Contract Time) is required by the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability provisions of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required Bond to be given to such surety a surety, the giving of any such changenotice will be CONTRACTOR's responsibility, alteration, modification, or deviationand the amount of each applicable Bond will be adjusted accordingly.

Changes in the Work. A. Subcontractor shall agrees to make any and all changes, furnish the materials, and perform the work that Prime Contractor may require without nullifying the Subcontract, at a reasonable addition to, or reduction from the Subcontract Price, and pro-rata to the same. This Subcontract shall apply to any changes or extras. Subcontractor shall adhere strictly to the Contract Documents unless a change to them is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of Prime Contractor, and Prime Contractor shall not pay any extra charges submitted or claimed by Subcontractor that have not been agreed upon in writing by Prime Contractor. Subcontractor shall submit immediately to Prime Contractor written copies of its cost or credit proposal for changes in the work. Disputed work described shall be performed as ordered in the Contract Documents and this Agreement as directed writing by Prime Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time proper cost or credit breakdowns for Subcontractor’s performance that work shall be adjusted submitted without delay by appropriate additions Subcontractor to Prime Contractor. Notice of any damage or deductions mutually agreed upon before of any additional cost which Subcontractor performs claims is the changed workresponsibility of Owner, Architect, Prime Contractor, or of any other subcontractor, shall be filed in writing by Subcontractor at Prime Contractor’s home office within the time required by the Prime Contract, but in no event more than three days after the commencement of any such alleged damage or additional cost. Subcontractor shall supply file with Prime Contractor with all an itemized written accounting fully supported by original documentation necessary of such damage or additional cost within seven days or an earlier time required by the Prime Contract. Unless filed within those specified periods of time, Prime Contractor shall have the right to substantiate consider the amount claim waived by Subcontractor without any further recourse against Prime Contractor, its Surety, or Owner. B. The only persons authorized to sign Change Orders on behalf of Prime Contractor are the assigned Project Manager as noted in Attachment ‘A’ or Principal of firm. X. Xxxxxxx the Superintendent, Xxxxxxx, nor his or her assistants or subordinates have any authority to execute Change Orders on behalf of Prime Contractor, or in any manner modify the terms or conditions of the addition Subcontract, or to authorize or deduction enter into on behalf of Prime Contractor any agreements or services from the price Subcontractor. D. If Subcontractor initiates a substitution, deviation or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform change in the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance which affects the scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. resulting expense. E. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, whether or specifications, whether not made in the manner provided in this section or notspecified above, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementthe Subcontract, and no notice is required neither Owner nor Prime Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Changes in the Work. 1. Under no conditions shall Subcontractor shall make any and all changes changes, either as additions or deletions, without written order or direction from the General Contractor. General Contractor shall not pay any extra charges requested by the Subcontractor that have not been agreed upon in writing by the General Contractor. If the Subcontractor initiates an unauthorized substitution, deviation or change in the work described that affects the work or expense of other trades, Subcontractor shall be liable for the associated expenses. 2. In the event that a potential change or extra work is recognized, General Contractor will request the Subcontractor to submit a proposal, which Subcontractor shall provide within five (5) days of the General Contractor's request, unless extended by mutual written agreement. Subcontractor shall not proceed with a change or extra work unless it first has a specific Potential Change Item (PCI) control number issued by the General Contractor. Without this specific PCI control number any change or extra work will NOT be compensated, regardless of merit. The proposal must reference this specific PCI control number in order to be reviewed. The proposal shall include a breakdown which includes quantities of various materials, hours of labor required with respect to each class of work, items subcontracted, and individual line items for overhead and profit. Deductions in work scope to be priced similarly to additions. Lump sum pricing for changes or extra work without a breakdown will NOT be accepted. Failure to provide pricing within the required timeframe will be the Subcontractor's agreement of no additional cost or time for the change or extra work. If the proposed change or extra work has any time impact in the Contract Documents and this Agreement opinion of the Subcontractor, the Subcontractor shall include a time extension request with substantiation in the Subcontractor's proposal, or it will be conclusively agreed that there are no such schedule- related impacts. 3. In the event the Subcontractor performs authorized work as directed by General Contractor in writingon a time and materials (T&M) basis, Subcontractor shall furnish to the General Contractor on a daily basis all timesheets, material tickets, and listing of any other items for which compensation is requested for General Contractor's review and approval. Such change or written direction shall not invalidate this Agreement. If necessary, All items must be listed on the contract price stated in Section 3 and document at the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs of General Xxxxxxxxxx's signature. Signed T&M documents do not constitute an approved change order. They are only verification of the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate Copies of these signed documents must be included as back-up for the amount change order request, which must be submitted no later than five (5) days after the conclusion of the addition T&M work. Any costs not submitted for approval pursuant to or deduction from these requirements will not be compensated. 4. In the price or time. If event General Contractor and Subcontractor cannot agree on whether or not the amount work is changed or extra work, or on the value of the addition or deletiontime impact as a result of changed or extra work, or if Subcontractor is directed to proceed with changed or extra work prior to issuance of a change order, Subcontractor shall nonetheless proceed with and timely prosecute the work as directed by General Contractor. Upon receipt of this direction, the Subcontractor shall diligently perform the work as without disruption or delay. Disputes will be resolved pursuant to this Agreement. 5. Unless otherwise provided in the Prime Contract, the Subcontractor's mark-up for overhead and profit on changed by Contractor’s written directionor extra work performed shall not exceed those indicated in the Work Order. Once Labor rates used must be justified, including a detailed breakdown of burden, benefits, insurance, and payroll taxes. Subcontractor receives Contractor’s written directionagrees to give General Contractor access to his certified payroll records to confirm actual pay rates. 6. By executing a Change Order, Subcontractor agrees that the compensation in both time and amount is solely responsible in full, and is inclusive of any inefficiency, delays, extended overhead, lost productivity, or any other direct or indirect impacts. Failure to promptly return (no later than 14 days from the date of issuance) the executed Subcontract Change Order may result in withholding of progress payments for timely performance the changed work, in General Contractor's sole discretion. 7. In the event that General Contractor directs Subcontractor to work overtime at the General Contractor's expense, Subcontractor agrees to perform such work and shall be reimbursed only for the difference between regular time and overtime rates and the related payroll taxes, insurance, and benefits. Subcontractor shall not be compensated for inefficiencies or declines in productivity. Nothing herein shall be construed to obligate General Contractor to pay for any overtime work it has not been approved in writing, or for any overtime work caused by the failure of Subcontractor to provide sufficient manpower or otherwise maintain the progress of the work. 8. In the event of any dispute, controversy, or claim for additional compensation or time extension, Subcontractor shall provide the General Contractor with written notice no later than five (5) days from the occurrence of the event on which the claim is made. Such notice shall include but not be limited to a statement of the extent of the time extension and additional compensation requested along with detailed support. Such notice shall describe the claim in detail so as to allow General Contractor to fully evaluate its merits. Any claim not presented within stated time period shall be considered waived by Subcontractor. 9. In the event that a change is made or extra work as changed is required by the written directionOwner or its agents, and the resulting Subcontractor's change request meets the merit and timeliness requirement set forth in the Prime Contract, the General Contractor will present it to the Owner. Payment The decision of the Owner shall be final and binding upon the Subcontractor to the same extent that it is final and binding on the General Contractor. 10. No claims for changed additional compensation or damages for delays, whether caused in whole or in part by any conduct on the part of General Contractor, including, but not limited to, conduct amounting to a breach of the Subcontract, or delays by other subcontractors or Owner, shall be recoverable from General Contractor, and the extension of time for completion of Subcontractor's work shall be the sole remedy available to Subcontractor; provided, however, that in the event General Contractor obtains additional compensation from Owner on account of delays for which Subcontractor has made a claim in compliance with the requirements of the Subcontract, Subcontractor shall be entitled to such portion of the additional compensation so received by General Contractor from Owner as is equitable under the circumstances. In the event that General Contractor prosecutes a claim against Owner for additional compensation for any delay which includes a pass-through delay claim by Subcontractor, Subcontractor shall cooperate fully with General Contractor in the prosecution thereof and shall pay costs and expenses incurred in connection therewith. Nothing herein shall require the General Contractor to pursue a pass-through delay claim by Subcontractor, which determination shall be made in accordance with Section 4General Contractor's sole discretion. 11. Subcontractor shall cannot make any changes in submit a payment request for changed or extra work until a Change Order for the work described in Section 2 or in any way cause or allow that work to deviate from has been executed by the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between General Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. These price changes from the Subcontractor shall be sent to the Contractor within 5 business days of the Subcontractor receiving the direction of change. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s upon Contractors written directiondirection to proceed or the failure to reach an agreement on the amount of the addition or deletion. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Where agreement is reached over changed work, such change order shall be conclusive and constitutes a waiver by Subcontractor of any other sums, claims, time impacts or other costs not expressly stated in the change order, which arise from the changed work. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from the Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work work. Such written notice of claim must be given within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall Contractor may at any time and without invalidating this Agreement, by written order and without notice to surety, make any and all changes in the work described herein contracted for consisting of additions, deletions or other revisions, and Subcontractor shall proceed with the work as directed. If said changes cause an increase or decrease in the Contract Documents and cost of performance or in the time required for performance an equitable adjustment shall be made when a request is timely made by Subcontractor, but only upon the written approval of Contractor. No extension to Subcontractor’s time of performance as a result of changed work shall be allowed under this Agreement as directed Subcontract unless authorized by Contractor in writing. Such change or written direction The value of the changed work requested by Subcontractor shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 include all costs for delay and the time for disruption to Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor not be entitled to any additional compensation for delay and disruption caused by the changed work unless such costs are requested and approved by Owner. In no event, shall Subcontractor be entitled to compensation for the collective impact of changed work. Nothing herein shall excuse Subcontractor from proceeding with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance prosecution of the work as changed changed. INSPECTION AND PROTECTION OF WORK: Subcontractor shall take necessary precautions to properly protect the work of Contractor and other subcontractors from damage caused by the written direction. Payment for changed work shall be made in accordance with Section 4operations under this Subcontract. Subcontractor shall not make any changes cooperate with Contractor and other subcontractors. Subcontractor shall participate in the work described preparation of coordinated drawings in Section 2 or in any way cause or allow areas of congestion specifically noting and advising Contractor of potential conflicts between the Work of Subcontractor and that work to deviate from of the Contract Documents without written direction from ContractorContractor and other subcontractors. If WARRANTIES: Subcontractor makes any changes in warrants and guarantees the work described and materials which he performs or furnishes under this Subcontract and agrees to make good, at its own expense, any defect in Section 2 without written direction materials or workmanship which may occur or develop prior to Contractor’s release from Contractorresponsibility by Owner. Subcontractor further agrees to assume, such change constitutes an agreement by Subcontractor that it will not as a direct obligation to Contractor and/or Owner, any guarantees or warranties which would otherwise be paid for that changed work, even if it received verbal direction from the responsibility of Contractor or any form other subcontractors, when such guarantees or warranties have been cancelled as a result of direction, written or otherwise, from Owner or any other person or entitySubcontractor’s operations in performance of this Agreement. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation Without limitation of the merits foregoing or other obligations of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid Subcontractor provided for the disputed work. No change, alteration, or modification to or deviation from this Agreement, in the Contract Documents, prime contractimmediately upon Contractor’s demand, plansSubcontractor, at its own expense, shall repair, replace, restore or rebuild, at Contractor’s option, any work in which defects in materials or workmanship may appear, or specificationswhich is otherwise not in conformance with the other warranties of Subcontractor hereunder, whether made in or to which damage may occur because of such defects or lack of conformance, within one (1) year or such longer period as required by the manner provided in this section specifications from the date of Owner’s and architect’s final acceptance of the Project. If Subcontractor fails to comply, Contractor may correct such defect or notlack of conformance, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreementas the case may be, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationSubcontractor shall immediately reimburse Contractor thereof.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. 6.1 Contractor may, at any time, either unilaterally or by direction of the Owner, and without notice to sureties, make changes, additions and/or deletions in the Work. The Subcontractor shall make any and all such changes in the work described in the Contract Documents and this Agreement Work as directed by Contractor in writingwriting (herein called Changed Work). Such change or written direction Changed Work shall not invalidate this Agreement. . 6.2 If necessary, the contract price stated in Section 3 Contract Price and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually that are agreed upon by Contractor and Subcontractor before Subcontractor performs proceeds with Changed Work. Agreement on any Changed Work constitutes a final settlement and accord and satisfaction of all matters relating to the changed workChanged Work, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Price, time, schedule, or completion date. 6.3 If Contractor provides new, revised or updated documents to Subcontractor or requests a price for Changed Work, Subcontractor shall provide a price or acknowledge no change in cost within ten (10) days. The Subcontractor shall supply Contractor with all documentation documents necessary to substantiate the amount of the addition to or deduction from to the Contract Price or the time for Subcontractor’s performance. If Subcontractor fails to submit a price for Changed Work within ten (10) days, Contractor shall unilaterally determine the price or timeand the time for Subcontractor’s performance, and Subcontractor shall be bound to such determination. If Owner issues a change or proposed change affecting Subcontractor’s Work, Subcontractor agrees, if directed by Contractor, to meet with Contractor and Owner to review and discuss such change. Subcontractor shall only be entitled to appropriate additions or deletions for Owner directed Changed Work to the extent Contractor actually receives such additions or deletions from Owner. If Subcontractor disputes the addition or deletion, such dispute shall be resolved pursuant to Section 17 of the agreement. 6.4 If Subcontractor provides a price for Changed Work within ten (10) days and Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeduction, at Contractor’s option and written direction, Subcontractor shall nonetheless timely perform the Changed Work. The amount of the addition or deduction shall then be determined by the reasonable expenses and savings in the performance of the Changed Work, including the following: (a) Cost of material and equipment rental directly related to the Changed Work; (b) Cost of labor, including wages, payroll taxes, workers’ compensation premiums, and fringe benefits which are standard in the industry and properly allocable to the Changed Work, as validated by daily work as changed reports for the Changed Work and verified by the Contractor’s written direction. Once Superintendent; (c) Cost of taxes, insurance and bond premiums directly related to the Changed Work; (d) Cost of sub-subcontractor’s work directly related to the Changed Work; (e) Additional compensation to Subcontractor of fifteen percent (15%) of the sum of Subclauses (a), (b), and (c) above, unless a different amount is required by the Prime Contract; and (f) Additional compensation to Subcontractor of five percent (5%) of Subclause (d) above, unless a different amount is required by the Prime Contract 6.5 When Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Changed Work. 6.6 Payment for changed work Changed Work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. 5 of Subcontract Agreement (Exhibit A). 6.7 If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor have a dispute about whether particular work is being a change in the work described in Section 2Work, Subcontractor shall timely perform the disputed workwork in accordance with the interpretation and direction of Contractor. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the disputed work. In addition, within ten (10) days after the disputed work is performed, Subcontractor shall submit its written claim for additional compensation for that the disputed work within ten (10) days after such work is performed to Contractor in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim and in the form described in Section 6.3. The Subcontractor’s failure either to give the written notice to Contractor before proceeding with the disputed work or to submit the written claim within the ten (10) days after the disputed work is performed, constitutes an agreement by it Subcontractor that it will not be paid for the disputed work. . 6.8 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plansPrime Contract, or specificationsthe Plans and Specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement Work as directed by Contractor in writing. Such change or written direction changes shall not invalidate this AgreementSubcontract. If necessary, the contract price stated in Section 3 Subcontract Price and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workWork. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price Subcontract Price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work Work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work Work as changed by the written direction. Payment for changed work Work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work Work is a change in the work described in Section 2Work, or if Contractor and Subcontractor are unable to agree on an appropriate adjustment for changed Work, Subcontractor shall timely perform the disputed workWork, upon receiving written direction from Contractor. If Subcontractor intends to submit a claim for the disputed workWork, it shall give prompt written notice to Contractor before proceeding with the workWork. In addition, Subcontractor shall submit its written claim for additional compensation or extension of time to complete Subcontractor’s Scope of Work for that work Work within ten three (103) business days after such work Work is performed performed, in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s 's failure either to give the written notice before proceeding with the work disputed Work or to submit the written claim within three (3) business days after discovery of the ten (10) days facts and circumstances giving rise to the claim constitutes an agreement by it that it will not be paid for the disputed workWork. No change, alteration, or modification to or deviation from this AgreementSubcontract, the Contract Documents, prime contractPrime Contract, plans, or specifications, and addenda, whether made in the manner provided in this section Section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this AgreementSubcontract, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. The modification in the Subcontract Price and/or the time for performance stated in a Subcontract Change Order shall unequivocally comprise the total price and time adjustment due or owed by Contractor to Subcontractor for the Work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire Work under this Subcontract arising directly or indirectly from the Work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts on all other Work.

Changes in the Work. Subcontractor shall make any and all 18.1 The Prime Contractor may order changes in the work described in Work consisting of additions, deletions or modifications, the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 Sum and the time for Subcontractor’s performance shall be Contract Time being adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workaccordingly. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any All such changes in the work described Work shall be authorized in Section 2 writing signed by the Prime Contractor and presented to the Subcontractor. 18.2 When change order pricing requests are made of the Subcontractor, the Subcontractor has, at most, seven calendar days (or in any way cause or allow that work to deviate three days less than the time period required by the contract documents, whichever is less) from the Contract Documents without time of receipt of the pricing request to deliver a written response to the Prime Contractor. Response shall be a written quote on the form provided by the Prime Contractor, including a complete breakdown of labor (number of hours, rate, etc.), material (list and price, and supplier quote sheets, if required), and xxxx-up. Failure to respond with a detailed breakdown within the time limits set forth above will be interpreted as a no cost change quote. If directed to proceed by the Prime Contractor, the change order work will be done by the subcontractor with no additional compensation. On credit change order pricing, if the Subcontractor fails to respond within the required time, the Prime Contractor will negotiate pricing with the owner/architect, and the amount will be deducted from the Subcontractor's contract. If the Subcontractor does any work he believes is outside of the subcontract agreement scope, he must receive written direction from the Prime Contractor before proceeding, or he gives up any claim to additional compensation or time extensions. 18.3 The Contract Sum and the Contract Time may be changed only by written change order from the Prime Contractor. If , if the Subcontractor makes any proceeds with work outside the scope of the Work described in this Subcontract Agreement without a written change order from the Prime Contractor, Subcontractor does so at its sole and exclusive risk and expense. 18.4 In emergency situations, the project superintendent appointed by the Prime Contractor may authorize changes in the Work by written change orders not signed by the Prime Contractor. 18.5 On any "Time and Material" work described authorized in Section 2 without written direction from writing by the Prime Contractor, such change constitutes an agreement all potential changes must be presented to and signed off by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entitythe Prime Contractor's jobsite superintendent on a daily basis. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation A copy of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to signed document must be given to such surety the superintendent at the time of signing. Failure to strictly follow this procedure will forfeit any such changepayment to the Subcontractor. 18.6 Often our superintendents are requested to sign Subcontractor's work ticket or similar work orders. It is expressly understood by the subcontractor that this Signature by the Prime Contractor's superintendent or representative on a Subcontractor's work ticket or similar work order is not an acknowledgment or agreement that the work is considered an extra or change order to the contract. The signature only generally verifies that the work was done. 18.7 Unless otherwise specified, alterationthe overhead and profit xxxx-up on any extra work will be no more than 10%. Any office costs and/or project management time is included in the xxxx-up. When the xxxx-up on changes is a percentage to be shared between the Prime and the Subcontractor, modification, or deviationthe Prime's portion shall be 2/3 and the Subcontractor's shall be 1/3 of the total percentage xxxx-up.

Changes in the Work. Subcontractor shall SUBCONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CONTRACTOR may require without nullifying this Agreement, at a reasonable addition to, or reduction from the Contract Price stated herein, and pro-rata to the same. All clauses of this contract shall apply to any changes or extras in a like manner and to the same extent as though said changes or extras were incorporated herein. SUBCONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is authorized in writing. The decision of CONTRACTOR and the Owner’s Representative as to the true construction, meaning and intent of the Plans and Specifications shall be final and binding upon SUBCONTRACTOR. Under no conditions shall SUBCONTRACTOR make any changes, either as additions or deductions, without the written order of the, CONTRACTOR and CONTRACTOR shall not pay any extra charges made by the SUBCONTRACTOR that have not been agreed upon in writing by CONTRACTOR: and, in no event, shall CONTRACTOR make payment for any such extra charges unless and until the CONTRACTOR itself receives payment from OWNER. SUBCONTRACTOR shall submit immediately to the CONTRACTOR written copies of his firm’s cost of credit proposal for changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed Disputed work shall be made performed as ordered in accordance with Section 4writing by the CONTRACTOR and the proper cost or credit breakdowns therefore shall be submitted without delay by SUBCONTRACTOR to CONTRACTOR. Subcontractor Notice of any damage or of any additional cost which SUBCONTRACTOR claims is the responsibility of OWNER, ARCHITECT, CONTRACTOR or of any other SUBCONTRACTOR shall not make any changes be filed in writing by SUBCONTRACTOR at CONTRACTOR’S home office, at the address set forth in the work described in Section 2 or in any way cause or allow that work to deviate first paragraph of this agreement, within three days from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out commencement of any such change it makes alleged damage or additional cost and within fourteen days from such commencement, SUBCONTRACTOR shall file with CONTRACTOR an itemized written accounting of such damage or additional cost. Unless filed within those specified periods of time, CONTRACTOR shall have the right to consider the claim waived by SUBCONTRACTOR without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2any further recourse to CONTRACTOR, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work Surety or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationagainst OWNER.

Changes in the Work. 6.1 Subcontractor shall make any and all changes in to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. . 6.2 If necessary, and in accordance with the contract price other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. . 6.3 Payment for changed work shall be made in accordance with Section 4. . 6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from Owner the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. 6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor’s Additional Work Authorization (AWA), will require the signatures of both the Contractor’s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements. 6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work is constitutes a change in to the work described in Section 2Work, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of any claim for additional compensation for that work within ten seven (107) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimwas performed. Subcontractor’s 's failure either to give the written notice before proceeding with perform the work or failure to submit give timely notice of the change and claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. . 6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request. 4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work. 4.3 The Subcontractor shall make no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing, or issue a change directive, before the changed or extra work is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Material Actual costs incurred. Supplier invoices must be provided. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims. 4.4 Subcontractor shall give Contractor written notice of all changes claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the work described Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction Subcontractor shall not invalidate this Agreement. If necessary, be responsible for substantiating a claim submitted to the contract price stated in Section 3 and the time for Owner on Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workbehalf. Subcontractor shall supply be responsible for all costs, expenses, and attorney fees incurred by it and by Contractor with relating to the claim. 4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all documentation information necessary to substantiate the amount permit timely and appropriate evaluation of the addition to or deduction from claim, the price or timedetermination of responsibility, and any remaining opportunity for mitigation. If Contractor and the Subcontractor cannot agree on is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of such amount or such information. 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the addition Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to the fault of Subcontractor, its officers, agents, employees, lower tier subcontractors, or deletionsuppliers, then (A) Subcontractor shall nonetheless timely perform be entitled to an extension of time for a period equivalent to the work as changed time lost by Contractorreason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s written direction. Once first observance of the facts giving rise thereto, (2) Subcontractor receives Contractor’s written directiondemonstrates that it could not have anticipated or avoided such delay, Subcontractor is solely responsible obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for timely the performance of the work as changed by the written direction. Payment for changed work Subcontract Work; and (B) Subcontractor shall be made entitled to an adjustment in accordance with the Subcontract Price to the extent provided in this Section 4. Subcontractor shall only receive an extension of time for the performance of the Subcontract Work to the extent that the Owner grants Contractor an extension of time for the performance of the Subcontract Work. 4.7 Subcontractor shall not make be entitled to nor claim any changes in the work described cost reimbursement, compensation, or damages (A) attributable to delay, obstruction, hindrance, or interference to Subcontract Work as set forth in Section 2 4.5, or in (B) on account of any way cause claim for which the Owner is or allow that work to deviate from may be liable under the Contract Documents without written direction as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. If Subcontractor makes any changes Nothing in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid this Subcontract precludes Subcontractor’s recovery of damages for that changed work, even if it received verbal direction from Contractor delay or any form to constitute a waiver of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor’s right to recover damages for delay. 4.8 Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between give Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of all claims affecting or relating to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work Subcontract Work not addressed above within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation 48 hours of Subcontractor’s first observance of the merits of facts giving rise to the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not All such claims shall be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”). 4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this section Section constitutes a complete waiver of the claim. 4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation. 4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work work. Such written notice of claim must be given within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s 's failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall xxxxxx agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described . Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non -affected work under this AgreementAgreement . If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviationchange .

Changes in the Work. § 5.1 The Owner or Contractor may make changes in the Work by issuing Modifications. Upon receipt of a Modification by Owner to the Prime Contract issued subsequent to the execution of this Agreement, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract. § 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make any changes in the Work within the general scope of this Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, with the Subcontract Sum and all the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent § 5.2.1 All time and material authorizations for changes in the work described in must be signed on a daily basis or no later than 10:00 AM the Contract Documents following day by a Contractor’s authorized representative for verification of work hours and this Agreement as directed by Contractor in writingmaterials expended. Such change or written direction A signature shall only constitute verification and shall not invalidate this Agreement. If necessary, be construed as an approval for payment. § 5.2.2 Adjustments made to the contract price stated Prime Contract shall represent total compensation due in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. accordance with Sections § 5.3 The Subcontractor shall supply make all Claims promptly to the Contractor for additional cost, extensions of time and damages for delays, or other causes in accordance with all documentation necessary to substantiate the amount Subcontract Documents, but in no event more than fourteen (14) calendar days after knowledge of the addition event or cause giving rise to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor claim unless a shorter time is solely responsible for timely performance of the work as changed required by the written directionPrime Contract. Payment for changed work A Claim which will affect or become part of a Claim which the Contractor is required to make under the Prime Contract within a specified time period or in a specified manner shall be made in accordance with Section 4. Subcontractor shall not make any changes in sufficient time to permit the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation satisfy the requirements of the merits Prime Contract. Such Claims must be received by the Contractor not less than five (5) working days preceding the time by which the Contractor’s Claim must be made. Failure of the claim. Subcontractor’s failure either Subcontractor to give make such a timely Claim shall bind the written notice before proceeding with Subcontractor to the work or same consequences as those to submit claim within which the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice Contractor is required to be given to such surety of any such change, alteration, modification, or deviationbound.

Changes in the Work. § 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of a Modification to the Prime Contract issued subsequent to the execution of this Agreement, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract. § 5.1.1 The Subcontractor shall review each modification issued by the Owner and advise the Contractor in writing within seven days of receipt of the modification, unless requested sooner by the Contractor, as to the impact, if any, on the Subcontractor’s Work, including any adjustment in Subcontract time or Subcontract sum. The failure to advise the Contractor within the specified time period as to any impact shall constitute a waiver of the Subcontractor’s right to assert a subsequent claim. § 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, with the Subcontract Sum and the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. § 5.2.1 Subcontractor shall proceed with the changed Work as directed by the Contractor while such claim for adjustment is being determined as provided for in this Agreement. aiv ays, ntractor for such costs, or t trac § 5.3 The Subcontractor shall make any all Claims promptly to the Contractor for additional cost, extensions of time and all changes damages for delays, or other causes in accordance with the work described Subcontract Documents. A Claim which will affect or become part of a Claim which the Contractor is required to make under the Prime Contract within a specified time period or in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work a specified manner shall be made in accordance with Section 4sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Such Claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor’s Claim must be made. Failure of the Subcontractor to make such a timely Claim shall not bind the Subcontractor to the same consequences as those to which the Contractor is bound. § 5.3.1 Failure of the Subcontractor to make any changes in such claim to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from ContractorContractor shall constitute a w such claim. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement Receipt of payment by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expensesextra work, damages, and liability or del shall be a condition precedent to the right of any nature whatsoever associated with the Subcontractor to receive payment from Co damages or in any way arising out claims, unless the extra work was ordered solely for the benefit of any such change it makes without written direction the Contractor from the fault of Contractor. If a dispute arises between Contractor and con on p tract, exce recedent t pt th o bi ose nding rties mutually agree § 5.3.2 Any request for extension of Subcontract time shall be made by Subcontractor about whether particular work is a change in to Con the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation occurrence of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationevent.

Changes in the Work. 4.1 Subcontractor shall make any and all changes in the work described in the Contract Subcontract Documents and this Agreement as directed by the Contractor in writing. Such change or written direction shall not invalidate this Agreement. . 4.2 If necessary, the contract price stated in Section 3 Subcontract Price and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with a written cost or credit proposal for such revised work along with all documentation necessary to substantiate the amount of the addition to or deduction from the price or subcontracted amount and time, if any. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeduction, Subcontractor shall nonetheless timely perform the changed work upon Contractor's written order and submit, within seven (7) days of receipt of such order, written notice to Contractor of a claim for compensation or for additional time and further adjustment shall be agreed upon in writing by the parties hereto, but Subcontractor shall not suspend or delay proceeding with the changed work pending such agreement. 4.3 No claim for additional compensation, whether for extra labor or materials furnished, changes or otherwise, shall be allowed by Contractor in favor of Subcontractor unless within seven (7) days after such claim arises Subcontractor has given Contractor documentation to substantiate its claim. 4.4 If Owner shall order any changes or extra work, including additions, reductions or deletions in the work to be performed under this Subcontract and Contractor complies with Owner's order by issuing a similar order in writing to Subcontractor, Subcontractor will perform the work as changed by Contractor’s written directionrequired in such order, and any adjustment in compensation or in the time of performance shall be as the parties agree. Once Subcontractor receives Contractor’s written directionIf the parties are unable to agree, Subcontractor is solely responsible shall nevertheless proceed with such work and shall give prompt written notice of its claim for timely adjustment in compensation or in the time of performance. The amount of compensation and the time of performance shall be adjusted only to the extent allowed by the Owner; provided, however, that in the event Contractor obtains additional compensation from Owner on account of any changes or extra work ordered by the Owner, Subcontractor shall be entitled to such portion of the work additional compensation so received by Contractor from Owner as changed is equitable under all of the circumstances and Contractor's determination as to Subcontractor's share of any award by the written direction. Payment for changed work Owner shall be binding and conclusive on Subcontractor. Subcontractor shall comply with and be bound by any notice provisions and claims procedure, including arbitration, contained in the Prime Contract or required by Owner. In the event that Contractor prosecutes a claim against the Owner for an adjustment in compensation and time of performance for any changes or extra work, Subcontractor shall cooperate fully with Contractor in the prosecution thereof and shall pay costs and expenses incurred in connection therewith, including actual attorneys' fees and expert fees, to the extent that said claim is made by Contractor at the request of Subcontractor. 4.5 If any change or extra work is performed on a "Force Account" or other prescribed basis under the Prime Contract, Subcontractor shall be entitled to receive all payments made in accordance with Section 4. reimbursement of its direct costs allowable under the Prime Contract and the allowable markup or margin thereon. 4.6 Subcontractor shall not make any changes in the work described in Section 2 the Subcontract Documents or in any way cause or allow that the work to deviate from the Contract Subcontract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 the Subcontract Documents without written direction from Contractor, then such change constitutes an agreement by Subcontractor that it will need not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. . 4.7 No change, alteration, or modification to or deviation from this Agreement, any of the Contract Subcontract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section Section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this AgreementSubcontract, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor 10.1. Owner shall make have the right at any time during the progress of the Work to increase or decrease the Work. Promptly, but in no event more than 10 days after being notified of a change, Design Builder shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and all Owner shall not be liable to the Design Builder for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner’s express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Design Builder for such items and (ii) an admission by Design Builder that such items are in fact not a change but rather are part of the Work required of Design Builder hereunder. 10.2. A Change Order, in the work described form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Design Builder and Owner concerning the requested changes. Design Builder shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Contract Documents Change Order in the manner as Owner and this Agreement Design Builder shall mutually agree. 10.3. If Owner and Design Builder are unable to agree on a Change Order for the requested change, Design Builder shall, nevertheless, promptly perform the change as directed by Contractor Owner in writinga written Work Directive Change. Such change or written direction shall not invalidate this Agreement. If necessaryIn that event, the contract price stated in Section 3 Contract Amount and the time for Subcontractor’s performance Contract Time shall be adjusted as directed by appropriate additions Owner. If Design Builder disagrees with the Owner's adjustment determination, Design Builder must make a claim pursuant to Section 11 of these General Conditions or deductions mutually agreed upon before Subcontractor performs else be deemed to have waived any claim on this matter it might otherwise have had. 10.4. In the changed work. Subcontractor event a requested change is approved by Owner which results in an increase to the Guaranteed Maximum Price, a Change Order shall supply Contractor with all documentation necessary to substantiate be issued which increases the Guaranteed Maximum Price by the amount of Design Builder’s actual and reasonable direct increased Cost for such change work plus a maximum ten percent (10%) markup for Design Builder’s overhead and profit. In the addition to event such change work is performed by a subconsultant or deduction from the price or time. If Contractor subcontractor, a maximum ten percent (10%) total markup for all overhead and Subcontractor cannot agree on the amount of the addition or deletionprofit for all subconsultants’, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written directionsubcontractors’, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work sub-subconsultants’ and sub- subcontractors’ direct labor and material costs and actual equipment costs shall be made in accordance with Section 4permitted. Subcontractor Design Builder shall not make be entitled to any changes mark-up for Change Order work performed by subcontractors or subconsultants. All compensation due any Sub-consultant or Subcontractor for field and home office overhead is included in the work described in Section 2 or in markups noted above. Subcontractor’s bond costs associated with any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes change order shall be included in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will overhead and profit markups and shall not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If as a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationseparate line item.

Changes in the Work. Subcontractor shall make any and all 18.1 The Prime Contractor may order changes in the work described in Work consisting of additions, deletions or modifications, the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 Sum and the time for Subcontractor’s performance shall be Contract Time being adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workaccordingly. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any All such changes in the work described Work shall be authorized in Section 2 writing signed by the Prime Contractor and presented to the Subcontractor. 18.2 When change order pricing requests are made of the Subcontractor, the Subcontractor has, at most, seven calendar days (or in any way cause or allow that work to deviate three days less than the time period required by the contract documents, whichever is less) from the Contract Documents without time of receipt of the pricing request to deliver a written response to the Prime Contractor. Response shall be a written quote on the form provided by the Prime Contractor, including a complete breakdown of labor (number of hours, rate, etc.), material (list and price, and supplier quote sheets, if required), and mark-up. Failure to respond with a detailed breakdown within the time limits set forth above will be interpreted as a no cost change quote. If directed to proceed by the Prime Contractor, the change order work will be done by the subcontractor with no additional compensation. On credit change order pricing, if the Subcontractor fails to respond within the required time stipulated in paragraph 18.2 , the Prime Contractor will negotiate pricing with the owner/architect, and the amount will be deducted from the Subcontractor's contract. If the Subcontractor does any work he believes is outside of the subcontract agreement scope, he must receive written direction from the Prime Contractor before proceeding, or he gives up any claim to additional compensation or time extensions. 18.3 The Contract Sum and the Contract Time may be changed only by written change order from the Prime Contractor. If , if the Subcontractor makes any changes in proceeds with work outside the work scope of the Work described in Section 2 this Subcontract Agreement without a written direction change order from the Prime Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any does so at its sole and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before exclusive risk By proceeding with the work the subcontractor is acknowledging they have agreed they are doing the work at no cost or to submit claim within compensation if no written agreement or change order has been received by the ten (10) days constitutes an agreement by it that it will not be paid subcontractor for the disputed work. No change, alteration, or modification to or deviation from this Agreementcompensation 18.4 In emergency situations, the Contract Documents, prime contract, plans, or specifications, whether made project superintendent appointed by the Prime Contractor may authorize changes in the manner provided Work, before the work begins, by written change orders not signed by the Prime Contractor project manager 18.5 On any "Time and Material" work authorized in this section or notwriting by the Prime Contractor, shall release or exonerate, in whole or in part, any bond or any surety all potential changes must be presented to and signed off by the Prime Contractor's jobsite superintendent on any bond given in connection with this Agreement, and no notice is required to a daily basis. A copy of the signed document must be given to such surety the superintendent at the time of signing. Failure to strictly follow this procedure will forfeit any such changepayment to the Subcontractor. 18.6 Often our superintendents are requested to sign Subcontractor's work ticket or similar work orders. It is expressly understood by the subcontractor that this Signature by the Prime Contractor's superintendent or representative on a Subcontractor's work ticket or similar work order is not an acknowledgment or agreement that the work is considered an extra or change order to the contract. The signature only generally verifies that the work was done. 18.7 Unless otherwise specified, alterationthe overhead and profit mark-up on any extra work will be no more than 10%. Any office costs and/or project management time is included in the mark-up. When the mark-up on changes is a percentage to be shared between the Prime and the Subcontractor, modification, or deviationthe Prime's portion shall be 2/3 and the Subcontractor's shall be 1/3 of the total percentage mark-up.

Changes in the Work. a. Subcontractor shall make any and all changes in Subcontractor’s Work including the performance of extra work described in the Contract Documents and this Agreement work directed by construction change directive (collectively, “Changed Work”) as directed by Contractor in writing. Such change or Neither the performance of any Changed Work, nor Contractor’s written direction to Subcontract to perform the Changed Work shall not invalidate this Agreement or any bond produced by Subcontractor under this Agreement. If . b. Subject to the provisions of Section 5.a., above, upon the authorized performance Changed Work by the Subcontractor pursuant written direction from the Contractor, the Contract Sum and, provide Subcontractor demonstrates to Contractor and Owner that an extension of time is necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall Contract Time may be adjusted by appropriate additions or deductions mutually and deductions. (1) Unless Subcontractor is directed by Contractor to perform Changed Work on a time-and- materials basis, Contractor and Subcontractor agree that any adjustment in the Contract Sum and Subcontractor’s time of performance shall be agreed upon by Contractor and Subcontractor before Subcontractor performs begins the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount performance of the addition to or deduction from the price or time. any Changed Work. c. If Contractor and Subcontractor cannot agree on the amount of the addition or deletiondeletion to the Contract Sum or the Subcontractor’s time, or if Subcontractor is directed to perform Changed Work on a time-and- materials basis, Subcontractor shall nonetheless timely and diligently perform the work as changed by Changed Work identified in Contractor’s written direction. (1) Should Owner or the Contractor elect to have any Changed Work performed on a time- and-material basis in lieu of lump sum proposal or unit prices, and Contractor so notifies Subcontractor in writing, the Subcontractor shall perform such Changed Work at Subcontractor’s actual direct cost of labor, materials, suppliers, subcontractors, and rental equipment (not including charges for administration, clerical expense, supervision or superintendence of any nature whatever, including foremen, or the cost, use, or rental of hand tools, vehicles, or office facilities), plus a markup of ten (10) percent on the direct costs for Subcontractor’s overhead and profit. Once The allowed markup for overhead and profit shall be inclusive of any and all costs and expenses including, but not limited to, all overhead of whatever kind or nature, and all supervision, management, administration, estimating or other costs. (3) Subcontractor receives shall submit to the Contractor, or the Contractor’s written directionrepresentative for review and signing, daily time and material tickets. These tickets will include the identification number assigned to the particular Changed Work, the location and description of the work, the classification of labor employed including workers' names and social security numbers, the hours worked, the material used, the size and description of all equipment utilized and the number of hours of actual operation (standby time is not permitted), and any other information ordered by the Contractor. (4) The Contractor or the Contractor’s representative shall be under no obligation to sign any daily time and material ticket unless such ticket is fully and accurately completed to the satisfaction of the Contractor or the Contractor’s representative. The time and materials tickets shall not be valid, and Subcontractor shall not be entitled to payment for any such tickets unless each ticket is solely responsible for timely signed by the Contractor or the Contractor’s representative. (5) If Subcontractor procures the performance of Changed Work by others rather than its own employees, the work as changed by Subcontractor shall not be entitled to greater payment than that to which it would have been entitled if it had itself furnished the written direction. Payment for changed work shall be made labor and materials required in connection with the Changed Work performed in accordance with Section 4. this provision. d. Subcontractor shall not make any changes in to Subcontractor’s Work or the work described in Section 2 of the Project, or in any way cause or allow that work Subcontractor’s Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 Subcontractor’s Work without written direction from Contractor, such change constitutes an agreement by Subcontractor that it Subcontractor will not be paid for that changed work, even if it Subcontractor received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, addition Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with with, or in any way arising out of of, any such change it makes to Subcontractor’s Work without written direction from Contractor. . e. If a dispute arises between Contractor and Subcontractor about as to the performance of Changed Work or whether particular work is a change in the work described in Section 2Subcontractor’s Work, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation accordance Section 6 of the merits of the claimthis Agreement. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit of any claim within the ten (10) days constitutes times required in this Agreement shall constitute an agreement by it Subcontractor that it Subcontractor will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. 6.1 Subcontractor shall make any and all changes in to the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. . 6.2 If necessary, and in accordance with the contract price other provisions of this Subcontract, the Contract Price stated in Section 3 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s 's written direction. Once Subcontractor receives Contractor’s 's written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. . 6.3 Payment for changed work shall be made in accordance with Section 4. . 6.4 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from Owner the OWNER or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. 6.4.1 Unless agreed to otherwise, any changes in the work which arise from a Subcontractor‟s Additional Work Authorization (AWA), will require the signatures of both the Contractor‟s Project Manager and the Superintendent. Each AWA will require these two signatures by the Contractor, in addition to that of the Subcontractor. An AWA is intended to cover work performed on a time and material basis or equivalent. An AWA is only to be used under circumstances where Subcontractor and Contractor agree that a conventional proposal, estimate and change order would not be appropriate. See Prime Contract General Conditions (Document 000700), Article 6.07 for additional Owner requirements. 6.5 If Subcontractor discovers a condition or situation that it believes constitutes a change to its Work, or otherwise requires a change to the Contract Documents, Subcontractor shall provide written notice of the change within five (5) calendar days from discovering such changed condition. If a dispute arises between Contractor and Subcontractor about whether particular work is constitutes a change in to the work described in Section 2Work, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of any claim for additional compensation for that work within ten five (105) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimwas performed. Subcontractor’s 's failure either to give the written notice before proceeding with perform the work or failure to submit give timely notice of the change and claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. . 6.6 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Contractor may, at any time by written order of Contractor's authorized representative, make deletions, additions, or other modifications to the work to be performed and materials to be furnished under this Agreement, and Subcontractor shall immediately proceed with the performance of this Agreement as so changed. Subcontractor shall make any and all no changes in the work described in the Contract Documents and this Agreement except as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 1 and the time for Subcontractor’s 's performance shall be adjusted by appropriate additions or deductions mutually agreed upon before the Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Where cost proposals are required for changes in the work, Subcontractor agrees to furnish costs with required breakdowns (labor breakdowns shall include hours). In no event shall the Subcontractor’s xxxx-up exceed 15% for overhead and profit on any additional work. Subcontractor agrees to furnish written proposals to the Contractor in accordance with the following schedule: (a) Changes to work in progress or on hold pending change approval shall be submitted within one (1) business day of change notification. (b) Changes to work scheduled to begin within one (1) week shall be submitted within three (3) business days of change notification. (c) All other changes shall be submitted within seven (7) calendar days of change notification. In the event Subcontractor fails to comply with the above submittal requirement, Contractor at its sole option may prepare and submit to the Owner an estimate for the value of change in question, and Subcontractor agrees to be bound to the cost submitted by the Contractor for this change. A disagreement between Contractor and Subcontractor cannot agree on as to (i) an increase or decrease in the amount of the addition subcontract price or deletion, Subcontractor shall nonetheless timely perform (ii) whether the work as changed by Contractoris within Subcontractor’s written direction. Once scope shall not relieve Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely from immediately proceeding with the performance of the work Subcontract as modified, changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractoramended. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 21, Subcontractor shall shall, upon receipt of Contractor's written directive, timely perform the disputed work. Notwithstanding any dispute about modifications, additions, or deletions to Subcontractor’s work or whether the work is within Subcontractor’s scope, and to the greatest extent permitted by law, Subcontractor agrees to continue with its performance and maintain the schedule of work pending resolution of any and all such disputes. The foregoing sentence constitutes an advance waiver by Subcontractor of any actual or alleged right to stop work, rescind, or abandon the project. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s 's failure to either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by it Subcontractor that it will not be paid for the disputed work and a conclusive defense to any claim by Subcontractor. If Subcontractor makes any changes in the work described in Section 1 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall agrees that Xxxx X. Xxxxx has the right to make any and all changes in the work described Work, and Subcontractor will not claim that it has made any change in the Contract Documents and this Agreement as directed Work at the request or direction of Xxxx X. Xxxxx, unless before making such change Subcontractor has received from Xxxx X. Xxxxx a written change order signed by Contractor in writingan officer of Xxxx X. Xxxxx or signed by Xxxx X. Xxxxx’x project manager for the job. Such change Upon receiving a request or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid Xxxx X. Xxxxx for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2Work, the Subcontractor shall timely perform submit in writing to Xxxx X. Xxxxx a detailed calculation of the disputed workamount by which the Contract Amount is proposed to be increased or decreased as a result of such change in the Work. Such calculation shall be submitted to Xxxx X. Xxxxx by Subcontractor before performing the change in Work. If Subcontractor intends to submit claim that Xxxx X. Xxxxx has made a change in the Work for which Xxxx X. Xxxxx has not submitted a writing properly signed by Xxxx X. Xxxxx evidencing such change, and the Subcontractor intends to make a claim for an increase in the disputed workContract Amount as a result of such change in the Work, it Subcontractor shall give prompt a written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work Xxxx X. Xxxxx within ten five (105) days after the occurrence claimed by Subcontractor to constitute a change in the Work, and in any event before making such work is performed change in sufficient the Work. Such notice shall describe in reasonable detail for Contractor to make an evaluation the change in the Work that Subcontractor claims Xxxx X. Xxxxx has directed be made and setting forth in detail a calculation by Subcontractor of the merits amount of any increase that Subcontractor will claim should be made in the claimContract Amount. The failure of Subcontractor to give such notice shall constitute an irrevocable waiver of any claim by Subcontractor for any increase in the Contract Amount resulting from Subcontractor’s failure either to give making such change in the written notice before proceeding Work, and Subcontractor hereby releases and forever discharges Xxxx X. Xxxxx from any and all liability for any costs or expense incurred by Subcontractor in connection with making such change in the work or to submit claim within Work. For all changes in the ten (10) days constitutes an agreement Work made by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this AgreementSubcontractor, the Contract DocumentsAmount shall not be adjusted by more than the amount agreed in writing by Xxxx X. Xxxxx and Subcontractor or, prime contractif such agreement is not reached, plans, or specifications, whether made the amount the party with whom Xxxx X. Xxxxx contracted under the Xxxx X. Xxxxx Contract agrees to pay Xxxx X. Xxxxx for Subcontractor’s performance of the change(s) in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationWork.

Changes in the Work. Subcontractor shall hereby agrees to make any and all changes, furnish the materials and perform the work that Contractor may require, without nullifying this Agreement, at a reasonable addition to, or reduction from, the Contract Price stated herein, and pro rata to the same. Subcontractor shall adhere strictly to the plans and specifications unless a change there from is authorized in writing. Under no conditions shall Subcontractor make any changes, either as additions or deductions, without the written order of the Contractor and Contractor shall not pay any extra charges made by the Subcontractor that have not been agreed upon in writing by Contractor; and, in no event, shall Contractor make payment for any such extra charges unless and until the Contractor itself receives payment from Owner. Subcontractor shall submit immediately to the Contractor written copies of his firm’s cost or credit proposal for changes in the work described work. Any modification in the Contract Documents compensation or time (if any) stated in a Subcontract Change Order shall unequivocally comprise the total compensation and/or time adjustment due or owed by Contractor to Subcontractor for the work and changes defined therein, and shall represent full and final compensation for all increases or decreases in direct, indirect and consequential costs, overhead, profit and time required to perform the entire work under this Agreement as directed by Contractor in writing. Such change arising directly or written direction shall not invalidate indirectly from the work and changes defined therein, including additional and/or extended overheads, delay, acceleration, loss of momentum and cumulative impacts of all other non-affected work under this Agreement. If necessarythe Subcontractor initiates a substitution, deviation, or change in the contract price stated in Section 3 and work, which affects the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance scope of the work as changed by or the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form expense of direction, written or otherwise, from Owner or any other person or entity. In additiontrades, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workexpense thereof. No change, alteration, alteration or modification to in or deviation deviations from this Agreement, Agreement or the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner herein provided in this section or not, shall release or exonerate, in whole or in part, any bond or part any surety on any bond given in connection with this Agreement, Agreement and no notice is required neither Owner nor Contractor shall be under any obligation to be given to such notify the surety or sureties of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. his Su xxxxxxx or othernt to the execution of this e Su tor wr n a bcontractor, prior to itten copies of a manner consistent § 5.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract Agreement, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent with the changes made by the Modifications to the Prime Contract. § 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating t changes in the Work within the general scope of this Subcontract consisting of additions, de revisions, including those required by Modifications to the Prime Contract issued subseque Agreement, the Subcontract Sum and the Subcontract Time being adjusted accordingly. Th the commencement of such changed or revised Work, shall submit promptly to the Contrac claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work i with requirements of the Subcontract Documents. § 5.3 The Subcontractor shall make any all claims promptly to the Contractor for additional cost, extensions of time and all changes damages for delays or other causes in accordance with the work described Subcontract Documents. A claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work a specified manner shall be made in accordance with Section 4sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor Such claims shall be liable for any and all losses, costs, expenses, damages, and liability received by the Contractor not less than two working days preceding the time by which the Contractor's claim must be made. Failure of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and the Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of such a timely claim shall bind the merits of Subcontractor to the claim. Subcontractor’s failure either same consequences as those to give which the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice Contractor is required to be given to such surety of any such change, alteration, modification, or deviationbound.

Changes in the Work. 6.1 Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. . 6.1.1 The allowance for overhead and profit with respect to changes in the work shall be a flat 10% for overhead and profit or as allowed by Owner. 6.1.2 When Subcontractor becomes aware of errors, omissions or discrepancies in the Plans, Specifications or other Contract Documents, Subcontractor must, within five (5) days after such discovery, notify Contractor in writing of the errors, omissions or discrepancies; and if Subcontractor shall fail to do so, he shall thereby waive any right to seek compensation for additional or different work that is necessary or required as a result of such errors, omissions or discrepancies. 6.2 If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, or if documentation to substantiate additional cost is not supplied by Subcontractor before performing changed work, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work work, and timely submission of any claim for additional compensation, as changed by the written direction. Payment In the absence of a mutually agreed upon price prior to the performance of any changed work, Subcontractor shall provide Contractor with a daily additional work tag that describes in detail, the additional work performed. The additional work tag shall include a detailed description of the work performed including, at a minimum, the location of the work, the reason for the work, materials and equipment used and a summary of man/crew hours expended to complete the work. Subcontractor agrees that the “daily” additional work tags will be presented to the Project Superintendent for acknowledgement of work performed prior to leaving the jobsite on the day the work was performed, or, at a minimum, within 24 hours of performing the work. If Subcontractor fails to comply with this requirement, Subcontractor agrees that work was performed at no additional cost. Any claim for additional compensation must be submitted with all supporting documentation (including daily additional work tags) within fifteen (15) days after such work is performed, provided that 15 days will satisfy any and all timely notice provisions of the Owner-Contractor Agreement. Subcontractor’s failure to submit additional work claims within fifteen (15) days constitutes an agreement by him that changed work shall be made in accordance with Section 4. was performed at no additional cost to the Contractor or Owner. 6.3 Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it he will not be paid for that changed work, even if it he received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it he makes without written direction from Contractor. . 6.4 If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2work, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall work and may give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written of a claim for additional compensation for that work work. Such written notice of claim must be given within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimperformed. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it him that it he will not be paid for the disputed work. . 6.5 No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, plans or specifications, whether made in the manner provided in this section provision or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, modification or deviation.

Changes in the Work. Contractor shall have the right at any time during the progress of the work to increase or decrease the Scope of the Work in the Subcontract. Promptly after being notified of a change by Contractor, Subcontractor shall make submit an itemized estimate of any and all cost increases or savings it foresees as a result of the change. It is expressly agreed that, except in an emergency endangering life or property, no additions or changes in to the work described in the Contract Documents shall be made except upon written order of Contractor, and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate be liable to Subcontractor for any extra labor, materials or equipment furnished without such written order. No officer, employee or agent of Contractor is authorized to direct any extra or changed work by verbal order. Nothing herein contained shall excuse Subcontractor from proceeding promptly with the prosecution of the work as ordered in writing by Contractor, and failure to do so shall constitute a breach of this AgreementSubcontract. If necessary, the contract price stated Subcontractor shall promptly perform changes ordered in Section 3 and the time for Subcontractor’s performance writing by Contractor. The Work Release Order Amount shall be adjusted in the manner as Contractor and Subcontractor shall mutually agree. A Change Order in the form attached as Exhibit I to the Subcontract Agreement shall be issued and executed promptly after an agreement is reached between Subcontractor and Contractor. In the event that Contractor and Subcontractor are unable to agree on the proper adjustment to the Subcontract Amount for a change, Subcontractor shall, nevertheless, promptly perform said change, and the Subcontract Amount shall be adjusted as follows: For changes initiated by appropriate additions Owner, Architect or deductions mutually agreed upon before Subcontractor performs their representative, the changed Subcontract Amount shall be adjusted only in the amount approved by Owner for the change less the amount of Contractor's markup on said work. Any statement herein to the contrary notwithstanding, in no event shall Contractor be liable to Subcontractor for an amount greater than the amount received by Contractor from Owner for such changes, less the amount of Contractor's markup on said work. For changes initiated by Contractor, not pursuant to a change by Owner or Architect, the Subcontract Amount shall supply Contractor with all documentation necessary to substantiate be adjusted only in the amount of the addition to increase or deduction from decrease of Subcontractor's direct labor, equipment, material and subcontract costs (without overhead or profit markups) as a result of the price or timechange (including allowance for labor burden costs) plus an agreed upon markup for overhead and profit. If Contractor and Subcontractor cannot agree on the amount of the addition initiates a substitution, deviation or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes change in the work described in Section 2 which affects the Scope of Work or in any way cause or allow that work causes expense to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written other contractors or otherwise, from Owner or any other person or entity. In additionsubcontractors, Subcontractor shall be liable for any the expenses thereof, including overhead and all losses, costs, expenses, damages, profit markups. Contractor shall have the right to conduct an audit of Subcontractor's books and liability records to verify the accuracy of any nature whatsoever Subcontractor's claim with respect to Subcontractor's costs associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the workScope of Work. In additionthe event that Subcontractor performs any work on a cost reimbursable basis, Subcontractor Contractor shall submit its written claim likewise have the right to conduct an audit of Subcontractor's books and records to verify the accuracy of Subcontractor's claimed costs. Dated: 01/19/17 Initialed for additional compensation Genoa Page 3 of 8 Initialed for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to any surety who issued a Subcontractor shall bond, make any and all changes in the work described Work within the general scope hereof. If such changes cause an increase or decrease in the Contract Documents and this Agreement as directed by Contractor cost of the Work or in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the required time for Subcontractor’s performance its performance, an equitable adjustment shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs made subject to the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount conditions of the addition to or deduction from the price or timethis Paragraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor’s written direction. Once . (a) No increase in compensation or extension of time for performance shall be allowed unless Subcontractor makes application therefor, in writing, to Contractor within seven (7) days from the date on which Subcontractor receives Contractora notification of change, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the Prime Contract Documents, whichever is earlier). Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays associated with the change. Contractor shall have the right to, but is not obligated to, audit any information submitted by Subcontractor in connection with such application. If Subcontractor does not submit an application in this time period, due to the substantial prejudice sustained by Contractor as a consequence of Subcontractor’s failure to submit a timely written directionapplication, Subcontractor is solely shall be deemed to waive and release any claim for additional compensation or additional time for such change. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for timely the performance of the work Work. (b) To the maximum extent allowed by law, Contractor’s obligation to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages resulting from or arising out of any cause beyond Contractor’s reasonable control, including but not limited to acts or omissions by Owner, Architect, third party utilities, governmental and regulatory authorities or force majeure, is limited to paying to Subcontractor its proportionate share of any amounts which Owner pays to Contractor as changed a result of such claim, subject to any offset for Contractor’s costs and expenses incurred in presenting such claim to Owner and Subcontractor waives and releases any claims beyond such share received by the written directionContractor. Payment for changed work Any disputed Work must be tracked and submitted to Contractor on a daily basis. Failure to provide time and material tickets on a daily basis shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes deemed an agreement by Subcontractor that it will Work performed that day is not be paid for that changed work, even if it received verbal direction recoverable from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, and Subcontractor shall be liable for waives any and all losses, costs, expenses, damagesrights to additional compensation therefrom. Any signature by Contractor employee on a time and material daily ticket shall mean Contractor is acknowledging receipt of the time and material ticket only, and liability of such signature is not an admission that Contractor is accepting any nature whatsoever such time or cost as extra work or that the cost associated with such time or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work material is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. due Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Contractor Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. § 7.1 The Owner may make changes in the Work by issuing Modifications to the Prime Contract, as defined in a Work Order. Upon receipt of a Modification to the Prime Contract, as defined in a Work Order, issued after the execution of a Work Order, the Contractor shall promptly notify the Subcontractor of such Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work that would be inconsistent with the changes made by the Modification to the Prime Contract, as defined in a Work Order. § 7.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating the Subcontract, to make changes in the Work within the general scope of the Subcontract consisting of additions, deletions, or other revisions, including those required by Modifications to the Prime Contract, as defined in a Work Order, issued after the execution of a Work Order, with the Subcontract Sum and the Subcontract Time adjusted accordingly. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a Claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents. § 7.3 The Subcontractor shall make any all Claims promptly to the Contractor for additional cost, extensions of time, and all changes damages for delays, or other causes in accordance with the work described Subcontract Documents. A Claim which will affect or become part of a Claim which the Contractor is required to make under the Prime Contract, as defined in the Contract Documents and this Agreement as directed by Contractor a Work Order, within a specified time period or in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work a specified manner shall be made in accordance with Section 4sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract, as defined in a Work Order. Such Claims shall be received by the Contractor not less than two working days preceding the time by which the Contractor’s Claim must be made. Failure of the Subcontractor to make such a timely Claim shall bind the Subcontractor to the same consequences as those to which the Contractor is bound. § 7.4 Subcontractor shall not make any changes in the perform no work described in Section 2 for which it claims extra time or in any way cause or allow that work to deviate from the Contract Documents compensation without first receiving written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction directives from Contractor or any form to proceed. Failure to obtain such written directives shall constitute an absolute waiver of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor shall make any 8.1 A “Change Order” is a written instrument prepared by Contractor and signed by Owner, Contractor and, if requested, the Professional stating their agreement upon all changes of the following: (a) the change in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate Work; (b) the amount of the adjustment, if any, in the Project price; and (c) the extent of the adjustment, if any, in the Project time. 8.2 Owner shall have the right at any time during the progress of the Work, without invalidating the Contract, to change, increase or decrease the Work. Except in an emergency endangering life or property, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Contractor for any increased compensation or adjustment to the Project time without such written order. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or addition to the Work, whether or deduction from not there is, in fact, any unjust enrichment to the price Work, shall be a basis of any claim to an increase in any amounts due under the Contract Documents or timea change in any time period provided in the Contract Documents. If No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Contractor shall familiarize itself with Owner’s Change Order approval process and Subcontractor cannot agree shall manage progress of the Work accordingly. 8.3 As part of Owner’s Change Order approval process, Owner shall have the right to request that Contractor provide labor rates (which include Contractor’s general requirements). For approved Change Orders, Contractor shall be reimbursed the actual cost of material, labor, and overhead and profit. In the event such changed Work is self-performed by Contractor, a maximum fifteen percent (15%) markup for Contractor for all overhead and profit on their direct labor and material costs shall be permitted. In the event such changed Work is performed by subcontractors or sub-subcontractors, a maximum fifteen percent (15%) markup for such subcontractors or sub-subcontractors for all overhead and profit on their direct labor and material costs shall be permitted, with a maximum five percent (5%) markup thereon by Contractor for its overhead and profit, for a total maximum markup of twenty percent (20%) of the amount of the addition change. 8.4 Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless Owner has agreed in writing to a longer period of time), Contractor shall submit an itemized estimate of any cost or deletion, Subcontractor shall nonetheless timely perform time increases or savings it foresees as a result of the work as changed by change. Contractor’s written direction. Once Subcontractor receives estimate shall include an analysis of impacts to cost and time, if any, to perform additional work, or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs and Contractor’s written directionproposed methods to minimize costs, Subcontractor is solely responsible for timely delay and disruption to the performance of the work as changed by Work. If Contractor fails to submit a written proposal or request additional time for submitting the written direction. Payment for changed work proposal within the fourteen (14) day time period, it shall be made in accordance with Section 4. Subcontractor shall not make any changes in presumed that the work change described in Section 2 Owner’s request for a proposed change will not result in a modification to the Project price or Project time and, if directed by Owner in any way cause or allow that work writing, the change shall be performed by Contractor without additional compensation. Owner’s request for a proposed change does not authorize Contractor to deviate from commence performance of the Contract Documents without written direction from Contractorchange, unless otherwise specified in writing. If Subcontractor makes any changes in Owner decides that the work described in Section 2 without written direction from Contractorproposed change be performed, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor the Work shall be liable for authorized according to Change Order procedures set forth herein. 8.5 If Contractor observes any and all lossescircumstance that may, costsin its opinion, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is be a change in the work described scope of the Work that justifies a change to the Project price or Project time, or Contractor otherwise becomes aware of the need for or desirability of a change in Section 2the Work, Subcontractor then Contractor may submit a written Change Order Request (“COR”) (to be followed by substantiating data), in a format provided by Owner, and must specify the reasons for such proposed change, including relevant circumstances and impacts on the schedule. Contractor shall timely perform prepare and submit to Professional drawing, specifications or other data in support of a COR. Contractor shall submit a written price proposal concurrently with the disputed workCOR. Contractor may request additional compensation and/or time through a COR, but not for instances that Contractor knew or reasonably should have known occurred more than fourteen (14) days prior to the date the COR is submitted. Contractor’s failure to initiate a COR within such period shall be deemed a waiver of the right to adjustment of the Project price or the Project time for the alleged change. Any such COR that is approved by Owner will be incorporated in a Change Order. If Subcontractor intends to Owner determines that the Work in question is not a change in the scope of the Work and the COR is denied, but Contractor believes that it does have merit, Contractor may submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding Claim (as defined here) in accordance with the work. In additionprocedures set forth herein. 8.6 A Change Order, Subcontractor in form provided by Owner, shall submit its written claim for additional compensation for that work within ten (10) days be prepared by Contractor, reviewed and certified by Professional or Owner, and executed promptly by the parties after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement is reached between Contractor and Owner concerning requested changes. Contractor shall promptly perform changes authorized by it that it will not duly executed Change Orders. The Project price and Project time shall be paid for adjusted in the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made Change Order in the manner provided in this section or not, as Owner and Contractor shall release or exonerate, in whole or in part, any bond or any surety mutually agree. Agreement on any bond given Change Order shall constitute a final settlement of all matters relating to the change in connection the Work that is the subject of the Change Order, including all direct and indirect costs associated with this Agreement, such change and no notice is required any and all adjustments to be given the Project price and the Project time. 8.7 If Owner and Contractor are unable to such surety of any such agree on a Change Order for a requested change, alterationContractor shall, modificationnevertheless, promptly perform the change as directed by Owner in writing. In that event, the Project price and Project time shall be adjusted as directed by Owner. If Contractor disagrees with Owner’s adjustment determination, Contractor must make a Claim pursuant to Article 12 or deviationelse be deemed to have waived any Claim it might otherwise have had on that matter. 8.8 Contractor shall negotiate all Change Orders with all affected subcontractors and shall review the costs of those proposals and advise Owner or Professional of their validity and reasonableness, acting in Owner’s best interest, prior to requesting approval of each Change Order from Owner. 8.9 If Contractor encounters on the Project site any Hazardous Substance(s), as set forth in Section

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format.. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not bill for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claimclaim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall provide notification within a sufficient time to allow Contractor to provide the required notice to the Owner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request. 4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work. 4.3 The Subcontractor shall make no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing before the changed or extra work is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Material Actual costs incurred. Supplier invoices must be provided. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims. 4.4 Subcontractor shall give Contractor written notice of all changes claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the work described Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction Subcontractor shall not invalidate this Agreement. If necessary, be responsible for substantiating a claim submitted to the contract price stated in Section 3 and the time for Owner on Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workbehalf. Subcontractor shall supply be responsible for all costs, expenses, and attorney fees incurred by it and by Contractor with relating to the claim. 4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all documentation information necessary to substantiate the amount permit timely and appropriate evaluation of the addition to or deduction from claim, the price or timedetermination of responsibility, and any remaining opportunity for mitigation. If Contractor and the Subcontractor cannot agree on is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of such amount or such information. 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the addition Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to the fault of Subcontractor, its officers, agents, employees, lower tier subcontractors, or deletionsuppliers, then (A) Subcontractor shall nonetheless timely perform be entitled to an extension of time for a period equivalent to the work as changed time lost by Contractorreason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s written direction. Once first observance of the facts giving rise thereto, (2) Subcontractor receives Contractor’s written directiondemonstrates that it could not have anticipated or avoided such delay, Subcontractor is solely responsible obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for timely the performance of the work as changed by the written direction. Payment for changed work Subcontract Work; and (B) Subcontractor shall be made entitled to an adjustment in accordance with the Subcontract Price to the extent provided in this Section 4. Subcontractor shall only receive an extension of time for the performance of the Subcontract Work to the extent that the Owner grants Contractor an extension of time for the performance of the Subcontract Work. 4.7 Subcontractor shall not make be entitled to nor claim any changes in the work described cost reimbursement, compensation, or damages (A) attributable to delay, obstruction, hindrance, or interference to Subcontract Work as set forth in Section 2 4.5, or in (B) on account of any way cause claim for which the Owner is or allow that work to deviate from may be liable under the Contract Documents without written direction as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. If Subcontractor makes any changes Nothing in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid this Subcontract precludes Subcontractor’s recovery of damages for that changed work, even if it received verbal direction from Contractor delay or any form to constitute a waiver of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor’s right to recover damages for delay. 4.8 Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between give Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of all claims affecting or relating to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work Subcontract Work not addressed above within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation 48 hours of Subcontractor’s first observance of the merits of facts giving rise to the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not All such claims shall be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”). 4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this section Section constitutes a complete waiver of the claim. 4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation. 4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.

Changes in the Work. Subcontractor shall make any and all changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessaryany such written directive results in a material change in the scope of the work, the contract price stated in Section 3 2 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. No payment shall be made to Subcontractor greater than the contract amount unless an authorized change order has been issued by Contractor and executed by both Contractor and Subcontractor. Subcontractor shall not make any changes in the work described in Section 2 herein or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any unauthorized changes in the work described in Section 2 herein without written direction from Contractor, such change constitutes an agreement by Subcontractor understands and agrees that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, verbal, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, damages and liability of any nature whatsoever associated with or in any way arising out of any such unauthorized change it makes without written direction from including but not limited to any additional costs or expenses incurred by Contractor for increased work or expenses of other trades affected by the unauthorized work of Subcontractor. Nothing contained in this Agreement shall be construed to modify Contractor's right to eliminate any portion of the work which Contractor deems unnecessary for the completion of the work as a whole or to make such changes as Contractor may deem necessary. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the original scope of work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after receiving notice of such work is performed in work, with sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days after receiving notice of such work constitutes an agreement acknowledgement by it Subcontractor that it will not be paid for the disputed work, and a waiver of Subcontractor’s right to payment for said work. Subcontractor’s sole and exclusive responsibility for the performance of this Subcontract is to the Contractor, and it is agreed that all of Subcontractor’s dealings with the Owner’s authorized agent, the Owner, or any other parties named in the Contract Documents shall be through the Contractor. No claims of any nature will be recognized, nor shall Contractor be liable on account thereof, unless all matters pertaining to such claim have been directed through Contractor’s office. The Subcontractor further agrees that neither it, nor its representatives on the Project, shall make any agreement, written or oral, with the Owner’s authorized agent or with the Owner, or with representatives of either, pertaining to any phase of the performance of this Agreement. In the event Contractor prosecutes a claim against Owner for additional compensation for extra work, delay or any other kind of claim relating to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the prosecution thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said claim is made by Contractor at the request of Subcontractor. In the event Subcontractor resists or declines to accept any claim, offset, or demand for credit asserted by Owner against Contractor which relates to Subcontractor’s scope of work, Subcontractor shall cooperate fully with Contractor in the defense thereof, and shall pay costs and expenses incurred in connection therewith, including actual attorneys’ fees and expert fees, to the extent that said defense is made by Contractor at the request of Subcontractor. Contractor shall have the right to offset or deduct from any amount owing to Subcontractor, the cost Contractor has incurred, or reasonably anticipates it shall incur, in prosecuting a claim against Owner on behalf of Subcontractor, or in defending a claim asserted by Owner against Contractor which relates to Subcontractor’s work. This paragraph shall impose no obligation on Contractor to prosecute a claim against Owner on behalf of Subcontractor or defend against a claim asserted by Owner against Contractor relating to Subcontractor’s scope of work. Contractor and Subcontractor acknowledge that the cost and expense to prosecute or defend against the type of claims and liability referred to above can be significant. Moreover, the uncertainty of outcome or result can make proceeding to trial or arbitration of claims and/or liabilities referred to above an unreasonable risk for Contractor. Therefore, Subcontractor expressly acknowledges and agrees that Contractor shall have the right, at its sole discretion, to settle with Owner any claim, demand or liability arising out of, or in any way connected with this Subcontract and Subcontractor shall be bound by the terms and conditions of any such settlement to the same degree as Contractor. Subcontractor shall indemnify Contractor for the full amount of any settlement with Owner including attorneys’ fees, expert fees and expenses incurred in connection with the defense or settlement of any such claims. To assist in the documentation of any claim the Subcontractor may have, Contractor authorizes its Project Superintendent to sign extra work orders or similar documentation submitted by Subcontractor to Contractor relating to said claims provided, however, that notwithstanding any language contained in the Subcontractor’s extra work orders or similar documentation to the contrary, such signature by Contractor’s Project Superintendent shall only represent the following: (a) That Subcontractor presented documentation to Contractor concerning a claim for work performed on the Project; (b) To the best of Contractor’s knowledge at the time of signing such documentation, the hours and/or materials represented therein appeared to have been worked and/or used on the Project; (c) By signing such documentation, Contractor does not waive or release any right to dispute or object to the Subcontractor’s claim that it is entitled to additional compensation, an extension of time, or that the hours worked and/or materials used were reasonable for the work performed therein. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, exonerate in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation. Subcontractor acknowledges and agrees that Contractor's Superintendent does not have authority to waive any terms, conditions or requirements set forth in this provision, in this Agreement, and/or in the Contract Documents or the Prime Contract.

Changes in the Work. Subcontractor shall make any and all changes in the work Work described in the Contract Documents and this Agreement as directed by Contractor in writing, including, without limitations, additions and/or deletions to Subcontractor’s scope of Work. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price Contract Price stated in Section 3 and the time for Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount of the addition to or deduction from the price or timetime in a form satisfactory to Contractor, demonstrating the hourly costs for labor, materials, and equipment involved in the change along with supporting documentation. If the Contract Documents call for a particular form or format to be used in identifying the costs involved in the change, Subcontractor agrees to use such form or format. Unless the Contract Documents provide otherwise, Subcontractor shall be entitled to a maximum markup for profit and overhead of 15% on Subcontractor’s actual cost of labor, 10% of Subcontractor’s actual cost of materials and, for work performed by lower-tier subcontractors, Subcontractor’s markup shall be a maximum of 10%. For deletions to the scope of Work, Subcontractor is not entitled to any compensation or damages including, without limitation, any lost profits or overhead with respect to the deletions of scope. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor will abide by the terms of Contractor’s Billing Procedures which are incorporated by reference herein as though fully set forth. Subcontractor agrees to use Contractor’s Payment Application form and that no payment for changes shall be due until Subcontractor provides the forms and format set forth above, with supporting documentation, and a change order has been issued by Contractor. Subcontractor shall not xxxx for unapproved changes but may list unapproved changes in the “pending” column on the Payment Application. Subcontractor shall not make any changes in to the work Work described in Section 2 or in any way cause or allow that work Work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid or given a time extension for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim Any and all claims for the disputed work, it shall give prompt compensation or time extension require written notice to Contractor before proceeding with of the work. In additionnature and extent of the claim within five (5) days of the event giving rise to claim unless a shorter time period is required by the Prime Contract, in which case Subcontractor shall submit its written claim for additional compensation for that work provide notification within ten (10) days after such work is performed in a sufficient detail for time to allow Contractor to make an evaluation of provide the merits of required notice to the claimOwner under the Prime Contract. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit the written claim within the ten (10) days as specified herein constitutes an agreement by it that it will not be paid for the disputed workor given a time extension. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.

Changes in the Work. Subcontractor 12.1 Owner shall make have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, but in no event more than fourteen (14) days after its receipt of such notification (unless Owner has agreed in writing to a longer period of time), Construction Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or for minor changes ordered by Design Professional, no addition or changes to the Work shall be made except upon written order of Owner, and all changes Owner shall not be liable to Construction Contractor for any increased compensation or adjustment to the Contract Time without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. 12.2 A Change Order, in the work described form attached as Exhibit H to the Agreement, shall be prepared by Construction Contractor, reviewed by Design Professional and Owner, and executed promptly by the parties after an agreement is reached between Construction Contractor and Owner concerning the requested changes. Construction Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Contract Documents Change Order in the manner as Owner and this Agreement Construction Contractor shall mutually agree. 12.3 If Owner and Construction Contractor are unable to agree on a Change Order for the requested change, Construction Contractor shall, nevertheless, promptly perform the change as directed by Contractor Xxxxx in writinga written Construction Change Directive. Such change or written direction shall not invalidate this Agreement. If necessaryIn that event, the contract price stated in Section 3 Contract Amount and the time for Subcontractor’s performance Contract Time shall be adjusted as directed by appropriate additions Owner. If Construction Contractor disagrees with Owner’s adjustment determination, Construction Contractor must make a claim pursuant to Section 13 of these General Conditions or deductions mutually agreed upon before Subcontractor performs else be deemed to have waived any claim it might otherwise have had on that matter. 12.4 In the changed work. Subcontractor event a requested change is approved by Owner which results in either an increase or decrease to the Contract Amount, a Change Order shall supply Contractor with all documentation necessary to substantiate be issued which increases or decreases the GMP by the amount of Construction Contractor’s actual and reasonable direct Cost of the addition Work (including bond premiums). In the event such change Work is performed by subcontractors or sub-subcontractors, a maximum ten percent (10%) markup for each of those subcontractors and sub-subcontractors for all overhead and profit on their direct labor and material costs and actual equipment costs shall be permitted. Construction Contractor shall not be entitled to or deduction from any mark-up for Change Order work, nor shall the price or timeConstruction Management Fee be increased as a result of any Change Order work. If Provided, however, if at the time final payment is made to Construction Contractor and Subcontractor cannot agree on the total Cost of the Work has been increased by approved Change Orders in an amount causing the original GMP as set forth in the GMP Amendment to be exceeded by <WRITTEN DOLLAR AMOUNT> <$>, Construction Contractor shall be entitled to an increase to the Construction Management Fee in the amount of a fixed percentage of the addition amount that exceeds the sum of the original GMP plus <WRITTEN DOLLAR AMOUNT><$> . If at the time final payment is made to Construction Contractor the total Cost of the Work has been decreased by approved Change Orders in an amount causing the original GMP as set forth in the GMP Amendment to be reduced by more than <WRITTEN DOLLAR AMOUNT> <$>, not taking into consideration for the purpose of this calculation any Deductive Change Orders associated with Owner’s direct purchase program, buy out savings or deletionwith Owner’s Owner Controlled Insurance Program (OCIP), Subcontractor shall nonetheless timely perform (said reduction amount being referred to herein as the work as changed by “Reduction”), then Construction Contractor’s written direction. Once Subcontractor receives Fee shall be reduced in the amount of a fixed percentage of the Reduction amount. 12.5 Owner shall have the right to conduct an audit of Construction Contractor’s written directionbooks and records, Subcontractor is solely responsible for timely performance as well as those of its subcontractors and suppliers, to verify the work as changed by the written direction. Payment for changed work shall be made in accordance accuracy of Construction Contractor’s claim with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work respect to deviate from the Contract Documents without written direction from Construction Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever ’s costs associated with any Change Order or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Construction Change Directive. 12.6 Design Professional may direct Construction Contractor to make an evaluation nonmaterial changes to the Work, so long as such changes do not require or result in any adjustment to the Contract Amount, Contract Time or Project quality, and are generally within the scope of the merits of the claimWork. Subcontractor’s failure either All such changes must be evidenced by a written order from Design Professional to give the written notice before proceeding Construction Contractor, with the work or a copy to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed workOwner. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, Construction Contractor shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection comply with this Agreement, and no notice is required to be given to all such surety of any such change, alteration, modification, or deviationorders.

Changes in the Work. Subcontractor shall make 1. Without invalidating the Contract, XXXXXXX may at any and all changes time or from time to time order additions, deletions, or revisions in the Work. The AUGUSTA shall provide PLUMBER with a proposal request, identifying the Work to be added, deleted or revised. Upon receipt, PLUMBER shall promptly submit a written proposal for the changed work described prepared in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate accordance within this Agreement. If necessarythe proposal request calls only for the deletion of Work, the contract price stated AUGUSTA may order the partial suspension of any Work related to the proposed deletion, in Section 3 and the time for Subcontractor’s which case PLUMBER must cease performance as directed; PLUMBER shall not be entitled to claim lost profits on deleted work. All changed Work shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs executed under the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount applicable conditions of the addition Contract Documents. 2. Additional Work performed by PLUMBER without authorization of a Change Order will not entitle PLUMBER to an increase in the Contract Price or deduction from an extension of the price Contract Time, except in the case of an emergency as provided as provided for within this Agreement. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents. 3. Upon agreement as to changes in the Work to be performed, Work performed in an emergency as provided for within this Agreement, and any other claim of PLUMBER for a change in the Contract Time or timethe Contract Price, PROJECT MANAGER will prepare a written Change Order to be signed by PROJECT MANAGER and PLUMBER and submitted to AUGUSTA for approval. 4. In the absence of an agreement as provided for within this Agreement, AUGUSTA may, at its sole discretion, issue a Work Change Directive to PLUMBER. Pricing of the Work Change Directive will be in accordance within the terms of this Agreement. The Work Change Directive will specify a price, and if applicable a time extension, determined to be reasonable by AUGUSTA. If Contractor and Subcontractor cannot agree on PLUMBER fails to sign such Work Change Directive, PLUMBER may submit a claim in accordance within the amount terms of the addition or deletionthis Agreement, Subcontractor but PLUMBER shall nonetheless timely nevertheless be obligated to fully perform the work as changed directed by Contractor’s written directionthe Work Change Directive. 5. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely PLUMBER shall proceed diligently with performance of the work Work as changed directed by XXXXXXX, regardless of pending claim actions, unless otherwise agreed to in writing. 6. If notice of any change affecting the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in general scope of the work described in Section 2 Work or in any way cause or allow that work to deviate from the provisions of the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in (including, but not limited to, Contract Price or Contract Time) is required by the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability provisions of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required Bond to be given to such surety a surety, the giving of any such changenotice will be PLUMBER's responsibility, alteration, modification, or deviationand the amount of each applicable Bond will be adjusted accordingly.

Changes in the Work. Subcontractor shall 5.1 The Owner may make any and all changes in the work described Work by issuing Modifications to the Prime Contract. Upon receipt of such a Modification issued subsequent to the execution of the Subcontract, the Contractor shall promptly notify the Subcontractor of the Modification. Unless otherwise directed by the Contractor, the Subcontractor shall not 5.2 The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by Modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and the Subcontract Time being adjusted where applicable. Additional award of Subcontract Time and Subcontract Sum shall only be made upon a fully executed Change Order. The parties expressly acknowledge and represent that no communications or course of dealing between them by any person, whether written, oral, or otherwise, will alter this contractual requirement in any way. In this regard, and absent a fully executed Change Order, the Contractor may, in its sole discretion and at any time, rightfully and without prejudice or liability to the Contractor, reevaluate any previous acknowledgement of extra Work and/or agreement to award additional Subcontract Time or Subcontract Sum for the same. The Subcontractor, prior to the commencement of such changed or revised Work, shall submit promptly to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Contract Documents, in accordance with the Change Estimate/Change Order Procedure set forth in Exhibit E, and within the time frame required by the Contract Documents and this Agreement as directed by Contractor in writingno event greater than five (5) calendar days after Subcontractor knows or should have known of the claim or request for a change proposal. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the Failure to respond within such time for Subcontractor’s performance period shall be adjusted deemed a waiver by appropriate additions the Subcontractor for any compensation or deductions mutually agreed upon before Subcontractor performs the changed work. additional time associated with that claim or request for change proposal. 5.3 The Subcontractor shall supply make all claims promptly to the Contractor for additional cost, extensions of time and damages for delays or other causes in accordance with all documentation necessary to substantiate the amount Contract Documents and in no event greater than five (5) days after Subcontractor knows or should have known of the addition claim. A claim which will affect or become part of a claim which the Contractor is required to make under the Prime Contract within a specified time period or deduction from the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletion, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work in a specified manner shall be made in accordance with Section 4. Subcontractor shall not make any changes sufficient time to permit the Contractor to satisfy the requirements of the Prime Contract and in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten no event greater than five (105) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits Subcontractor knows or should have known of the claim. Subcontractor’s failure either Failure of the Subcontractor to give make such a claim timely shall bind the Subcontractor to the same consequences as those to which the Contractor is bound. 5.4 Any written notice before proceeding with request by the work or Subcontractor to submit claim the Contractor for an increase in the subcontract price shall be responded to by the Contractor within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No changetime frames stated in M.G.L. c. 149, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation§ 29(E)(d).

Changes in the Work. Subcontractor shall make any and all 9.1 By appropriate modifications, changes in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the time for Subcontractor’s performance shall may be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount accomplished after execution of the addition to or deduction from Contract. The COUNTY, without invalidating the price or time. If Contractor and Subcontractor cannot agree on the amount of the addition or deletionContract, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any may order changes in the work described in Section 2 or in any way cause or allow that work to deviate from within the general scope of the Contract Documents without written direction from Contractorconsisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly. If Subcontractor makes any Such changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all lossesauthorized by written Change Order signed by the COUNTY’s representative, costs, expenses, damagesCONTRACTOR, and liability of any nature whatsoever associated with Engineer, or by written Construction Change Directive signed by the COUNTY’s representative. 9.2 Adjustments in any way arising out of any such change it makes without written direction the Contract Sum and Contract Time resulting from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described shall be determined by mutual agreement of the parties, or in Section 2the case of a Construction Change Directive signed only by the COUNTY, Subcontractor by the CONTRACTOR’s cost of labor, material, equipment, and reasonable overhead and profit, unless the parties agree in writing on another method for determining the cost or credit. Pending final determination for the total cost of a Construction Change Directive, the CONTRACTOR may request payment for work completed pursuant to the Construction Change Directive. When the COUNTY and CONTRACTOR agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Engineer will prepare a Change Order. 9.3 The Engineer will have authority to order minor changes in the work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents on behalf of the COUNTY. Such changes shall timely perform be effected by written order and shall be binding on the disputed workCOUNTY and CONTRACTOR. The CONTRACTOR shall carry out such written orders promptly. If Subcontractor intends the CONTRACTOR or COUNTY asserts that the change is not “minor,” one or the other may negotiate with all parties. 9.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions found to submit a claim for exist before execution of the disputed workContract, it the Contract Sum and Contract Time shall give be equitably adjusted as mutually agreed upon between the COUNTY and the CONTRACTOR; provided that the CONTRACTOR provides prompt written notice to Contractor the COUNTY before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationconditions are disturbed.

Changes in the Work. Subcontractor shall make 4.1 Owner and Trade Contractor agree that Owner may add to or deduct from the amount of Work covered by this Agreement, and any and all changes so made in the work described in the Contract Documents and this Agreement as directed by Contractor in writing. Such change amount of Work involved, or written direction shall not invalidate any other parts of this Agreement. If necessary, shall be by a written amendment setting forth in detail the contract price stated in Section 3 changes involved and the time for Subcontractor’s performance value thereof which shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs between Owner and Trade Contractor. Trade Contractor agrees to proceed with the Work as changed workwhen so ordered in writing by Owner so as not to delay the progress of the Work, and without any determination of the value thereof. Subcontractor At all times, if Owner requests a proposal of cost for a change, Trade Contractor shall supply promptly (within 5 working days) comply with such request. 4.2 Trade Contractor with shall be entitled to receive no extra compensation for extra Work or materials or changes of any kind regardless of whether the same was ordered by Owner or any of its representatives unless a Change Order or written directive therefor has been issued in writing by Owner. If extra work was ordered by Owner and Trade Contractor performed same but did not receive a written order therefor, Trade Contractor shall be deemed to have waived any claim for extra compensation therefore, regardless of any written or verbal protests or claims by Trade Contractor. Trade Contractor shall be responsible for any costs incurred by Owner for changes of any kind made by Trade Contractor that increase the cost of the Work for either Owner or other trade contractors when 4.3 Trade Contractor shall give Owner written notice of all claims within five (5) days of the occurrence of the event giving rise to such claims. Thereafter, Trade Contractor shall submit written documentation necessary to substantiate of its claim, including the amount of the addition to or deduction from the price or time. If Contractor claim and Subcontractor cannot agree on the amount of the addition or deletionproper supporting documentation, Subcontractor shall nonetheless timely perform the work as changed by Contractor’s written direction. Once Subcontractor receives Contractor’s written direction, Subcontractor is solely responsible for timely performance of the work as changed by the written direction. Payment for changed work shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid for that changed work, even if it received verbal direction from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after of giving such work is performed notice, unless Owner agrees to a longer period of time. Trade Contractor agrees to provide such additional supporting documentation as requested by Owner. If Trade Contractor fails to comply with such notice requirements, such claims shall be deemed waived. All unresolved claims, disputes, and other matters in sufficient detail for question between Owner and Trade Contractor to make an evaluation of the merits of the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not shall be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in this section or notArticle 11 herein. 4.4 For changes in the Work approved by Owner as provided herein, Trade Contractor shall release or exonerate, be paid for overhead and profit an amount as set forth in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviationthe Contract Documents.

Changes in the Work. 4.1 The Contractor may add to or deduct from the Subcontractor’s Work, and any changes so made in the amount of Work involved, or any other parts of this Agreement, shall be by a written amendment setting forth a detailed description and value of the changes involved, which shall be mutually agreed upon between the Contractor and Subcontractor. In the absence of such agreement, the Subcontractor shall proceed with the changed work when so ordered in writing by the Contractor so as not to delay the progress of the changed work or the Subcontractor’s Work, and pending any determination of the value of the changed work, unless Contractor first requests a proposal of cost before the changes are effected. If the Contractor requests a proposal of cost for a change, the Subcontractor shall promptly comply with such request. 4.2 Subcontractor shall be entitled to receive no extra compensation for extra work or materials or changes of any kind absent a change order issued in writing by the Contractor. The Subcontractor shall be responsible for any costs incurred by the Contractor for changes of any kind made by the Subcontractor that increase the cost of the work for either the Contractor or other subcontractors when the Subcontractor proceeds with such changes without a written order therefore. Accordingly, no course of conduct between the parties shall serve as the basis for additional compensation. Similarly, Subcontractor shall not make any claim for unjust enrichment for any claimed additional work. 4.3 The Subcontractor shall make no claim for additional services rendered or materials furnished by the Subcontractor to the Contractor unless notice is given to the Contractor prior to the furnishing of any of the services or material. Contractor must approve all change orders in writing before the changed or extra work is performed. No additional payment or time will be granted for any changes performed by the Subcontractor that have not been ordered by Contractor or agreed to by the parties. Subcontractor shall not deviate from the plans and specifications or substitute materials (including “or equal” materials) without the issuance of a written change order by Contractor. Pricing on Time and Material Change Orders will be as follows: Labor Actual wages paid plus taxes, insurance, contribution assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions. These costs are to be substantiated in detail. Material Actual costs incurred. Supplier invoices must be provided. Subcontract Actual costs incurred. Subcontractor invoices must be provided. Fee A 10% fee may be added to labor, material and subcontract costs to cover overhead & profit. Final pricing on Time & Material Change Orders must be received within 10 days of completion of the extra work. Failure to submit final pricing within this time frame shall waive Subcontractor’s right to such claims. 4.4 Subcontractor shall give Contractor written notice of all changes claims affecting or relating to the Subcontract Price for which the Owner is or may be liable under the Contract Documents no later than 48 hours after Subcontractor’s first observance of the facts giving rise to the claim, or, if sooner, within the time limits provided in the work described Contract Documents for like claims by Contractor upon the Owner and in sufficient time for Contractor to initiate such claims against the Owner in accordance with the Contract Documents. The claim shall proceed in the manner provided in the Contract Documents and this Agreement as directed by Contractor in writing. Such change or written direction Subcontractor shall not invalidate this Agreement. If necessary, be responsible for substantiating a claim submitted to the contract price stated in Section 3 and the time for Owner on Subcontractor’s performance shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs the changed workbehalf. Subcontractor shall supply be responsible for all costs, expenses, and attorney fees incurred by it and by Contractor with relating to the claim. 4.5 Any notice of a claim by the Subcontractor shall detail the amounts claimed and provide all documentation information necessary to substantiate the amount permit timely and appropriate evaluation of the addition to or deduction from claim, the price or timedetermination of responsibility, and any remaining opportunity for mitigation. If Contractor and the Subcontractor cannot agree on is unable to calculate any amount claimed in detail or provide other required information, the Subcontractor shall use all commercially reasonable efforts to provide an estimate of such amount or such information. 4.6 If Subcontractor is delayed, obstructed, hindered, or interfered with in a critical element of the addition Subcontract Work by any cause beyond Subcontractor’s reasonable control and not due to the fault of Subcontractor, its officers, agents, employees, lower tier subcontractors, or deletionsuppliers, then (A) Subcontractor shall nonetheless timely perform be entitled to an extension of time for a period equivalent to the work as changed time lost by Contractorreason of such causes, but only if (1) Subcontractor gives Contractor notice in writing of such delay, obstruction, hindrance, or interference within 48 hours of Subcontractor’s written direction. Once first observance of the facts giving rise thereto, (2) Subcontractor receives Contractor’s written directiondemonstrates that it could not have anticipated or avoided such delay, Subcontractor is solely responsible obstruction, hindrance, or interference and has used all available means to minimize the consequences thereof, and (3) the Owner grants Contractor an extension of time for timely the performance of the work as changed by the written direction. Payment for changed work Subcontract Work; and (B) Subcontractor shall be made entitled to an adjustment in accordance with the Subcontract Price to the extent provided in this Section 4. Subcontractor shall only receive an extension of time for the performance of the Subcontract Work to the extent that the Owner grants Contractor an extension of time for the performance of the Subcontract Work. 4.7 Subcontractor shall not make be entitled to nor claim any changes in the work described cost reimbursement, compensation, or damages (A) attributable to delay, obstruction, hindrance, or interference to Subcontract Work as set forth in Section 2 4.5, or in (B) on account of any way cause claim for which the Owner is or allow that work to deviate from may be liable under the Contract Documents without written direction as set forth in Section 4.4, except to the extent that Contractor is entitled to a corresponding cost reimbursement, compensation, or damages from Owner under the Contract Documents on account thereof, and then only to the extent of the amount, if any, that Contractor on behalf of Subcontractor actually receives from Owner on account thereof, less any costs, expenses and attorney fees incurred by Contractor. If Subcontractor makes any changes Nothing in the work described in Section 2 without written direction from Contractor, such change constitutes an agreement by Subcontractor that it will not be paid this Subcontract precludes Subcontractor’s recovery of damages for that changed work, even if it received verbal direction from Contractor delay or any form to constitute a waiver of direction, written or otherwise, from Owner or any other person or entity. In addition, Subcontractor’s right to recover damages for delay. 4.8 Subcontractor shall be liable for any and all losses, costs, expenses, damages, and liability of any nature whatsoever associated with or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between give Contractor and Subcontractor about whether particular work is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice of all claims affecting or relating to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work Subcontract Work not addressed above within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation 48 hours of Subcontractor’s first observance of the merits of facts giving rise to the claim. Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not All such claims shall be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made resolved in the manner provided in Section 10 (“Claims & Damages”). 4.9 Subcontractor’s failure to assert a claim in the manner and within the time provided for in this section Section constitutes a complete waiver of the claim. 4.10 Notwithstanding any other provision, if the Work for which the Subcontractor claims extra compensation is determined by the Owner or notArchitect/Engineer not to entitle the Contractor to a Change Order or extra compensation, then the Contractor shall not be liable to the Subcontractor for any extra compensation for such Work, unless Contractor agreed in writing to such extra compensation. 4.11 A Work Directive is a written order issued by the Contractor to the Subcontractor relating to Subcontractor’s Work but not involving adjustment of the Subcontract sum or schedule and not inconsistent with the intent of the Contract Documents. The Subcontractor shall promptly carry out each Work Directive regardless of whether the Subcontractor agrees that the order does not involve adjustment of the Subcontract sum or schedule. If the Subcontractor reasonably believes that it should be entitled to an adjustment of the Subcontract sum or schedule, or both, on account of a Work Directive, the Subcontractor, within three days after receiving the order, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection give the Contractor written notice of the Subcontractor’s position and shall proceed with this Agreement, and no notice is required the subject Work without first receiving a Change Order related to be given to such surety of any such change, alteration, modification, or deviationit.

Changes in the Work. Contractor may at any time, by written change order signed by Contractor’s Project Manager only, and without notice to any surety who issued a Subcontractor shall bond, make any and all changes in the work described Work within the general scope hereof. If such changes cause an increase or decrease in the Contract Documents and this Agreement as directed by Contractor cost of the Work or in writing. Such change or written direction shall not invalidate this Agreement. If necessary, the contract price stated in Section 3 and the required time for Subcontractor’s performance its performance, an equitable adjustment shall be adjusted by appropriate additions or deductions mutually agreed upon before Subcontractor performs made subject to the changed work. Subcontractor shall supply Contractor with all documentation necessary to substantiate the amount conditions of the addition to or deduction from the price or timethis Paragraph. If Contractor and Subcontractor cannot agree on the amount cost or time of performance for the addition change order work, or deletionif Contractor or Owner disagrees that any work is change work, Subcontractor shall nonetheless nevertheless timely perform the disputed work as changed directed by Contractor’s written direction. Once No increase in compensation or extension of time for performance shall be allowed unless Subcontractor makes application therefor, in writing, to Contractor within seven (7) days from the date on which Subcontractor receives Contractora notification of change, (or three days prior to the time within which Contractor must submit a change order request or quotation to Owner pursuant to the Prime Contract Documents, whichever is earlier). Subcontractor’s application must include a detailed breakdown of all costs and any schedule delays associated with the change. Contractor shall have the right to, but is not obligated to, audit any information submitted by Subcontractor in connection with such application. If Subcontractor does not submit an application in this time period, due to the substantial prejudice sustained by Contractor as a consequence of Subcontractor’s failure to submit a timely written directionapplication, Subcontractor is solely shall be deemed to waive and release any claim for additional compensation or additional time for such change. The Contractor will quote the Owner accordingly and Subcontractor will be responsible to perform the changes defined in the change order with no adjustment to Subcontractor’s compensation or time required for timely the performance of the work Work. To the maximum extent allowed by law, Contractor’s obligation to Subcontractor for any delay, disruption, loss of productivity, interference, acceleration or other damages resulting from or arising out of any cause beyond Contractor’s reasonable control, including but not limited to acts or omissions by Owner, Architect, third party utilities, governmental and regulatory authorities or force majeure, is limited to paying to Subcontractor its proportionate share of any amounts which Owner pays to Contractor as changed a result of such claim, subject to any offset for Contractor’s costs and expenses incurred in presenting such claim to Owner and Subcontractor waives and releases any claims beyond such share received by the written directionContractor. Payment for changed work Any disputed Work must be tracked and submitted to Contractor on a daily basis. Failure to provide time and material tickets on a daily basis shall be made in accordance with Section 4. Subcontractor shall not make any changes in the work described in Section 2 or in any way cause or allow that work to deviate from the Contract Documents without written direction from Contractor. If Subcontractor makes any changes in the work described in Section 2 without written direction from Contractor, such change constitutes deemed an agreement by Subcontractor that it will Work performed that day is not be paid for that changed work, even if it received verbal direction recoverable from Contractor or any form of direction, written or otherwise, from Owner or any other person or entity. In addition, and Subcontractor shall be liable for waives any and all losses, costs, expenses, damagesrights to additional compensation therefrom. Any signature by Contractor employee on a time and material daily ticket shall mean Contractor is acknowledging receipt of the time and material ticket only, and liability of such signature is not an admission that Contractor is accepting any nature whatsoever such time or cost as extra work or that the cost associated with such time or in any way arising out of any such change it makes without written direction from Contractor. If a dispute arises between Contractor and Subcontractor about whether particular work material is a change in the work described in Section 2, Subcontractor shall timely perform the disputed work. If Subcontractor intends to submit a claim for the disputed work, it shall give prompt written notice to Contractor before proceeding with the work. In addition, Subcontractor shall submit its written claim for additional compensation for that work within ten (10) days after such work is performed in sufficient detail for Contractor to make an evaluation of the merits of the claim. due Subcontractor’s failure either to give the written notice before proceeding with the work or to submit claim within the ten (10) days constitutes an agreement by it that it will not be paid for the disputed work. No change, alteration, or modification to or deviation from this Agreement, the Contract Documents, prime contract, plans, or specifications, whether made in the manner provided in this section or not, shall release or exonerate, in whole or in part, any bond or any surety on any bond given in connection with this Agreement, and no notice is required to be given to such surety of any such change, alteration, modification, or deviation.