CHANGES TO CONSTRUCTION MANAGER’S SCOPE OF WORK Sample Clauses

CHANGES TO CONSTRUCTION MANAGER’S SCOPE OF WORK. ‌ 26.1. The Judicial Council may, at any time, by written order, direct changes to the Services described in this Agreement. Construction Manager may also propose changes to the Services described in this Agreement based upon occurrences that are not the result of Construction Manager’s errors or omissions. Any changes resulting in an increase in the cost of, or the time required for performance of the agreed upon Services will require an Amendment to this Agreement. Notwithstanding any dispute between Construction Manager and Judicial Council about whether the Services constitute a change or modification to Construction Manager’s scope of work, or a dispute relating to the value of the claimed change or modification, Construction Manager agrees to diligently proceed with the Services upon receipt of written direction from Judicial Council. 26.2. For any change proposed by either Judicial Council or Construction Manager, Construction Manager shall submit in writing: (i) a description of the proposed change and the reasons for the change; (ii) the total contract amount to be paid to Construction Manager with a breakdown of tasks and costs, including any reduction in costs resulting from the change; and (iii) the expected impact on schedule. Construction Manager shall submit this Notice no later than fifteen (15) days after Judicial Council’s order or other occurrence that causes the change. Failure to submit this Notice within this time period shall constitute a waiver of Construction Manager’s right to seek an adjustment of the Contract Amount or the Term of this Agreement. 26.3. If Judicial Council and Construction Manager reach agreement on a change, the agreement shall be set forth in an Amendment. 26.4. Construction Manager shall perform the following Extra Services, only when authorized by an Amendment. The cost for each Extra Service shall be determined before, and no work related to any Extra Service shall be performed until, an Amendment is made. In no event shall Judicial Council be responsible for compensating Construction Manager in excess of the Contract Amount in the absence of an Amendment that specifically increases the Contract Amount.
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