Common use of Compensation for Altered Quantities Clause in Contracts

Compensation for Altered Quantities. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted. No allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract items, or from any other cause.‌ 90-4 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the Engineer's order to omit or nonperform such contract item. Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs. 90-5 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with the subsection titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus overhead and profit.

Appears in 7 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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Compensation for Altered Quantities. When the accepted quantities of work Work vary from the quantities in the proposalProposal, the Contractor shall accept as payment in full, so far as contract items Contract Items are concerned, payment at their original price in the original contract price Contract for the accepted quantities of work Work actually completed and accepted. No allowancepayment, except as provided for in Section 90 (Changes in the subsection titled ALTERATION OF WORK AND QUANTITIES of Section 40 Work), will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from his/her unbalanced allocation of overhead and profit among the contract itemsContract Items, or from any other cause.‌ 90cause. 100-4 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section 40, the Engineer shall have the right Should a Contract Item be subsequently omitted or otherwise ordered to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the workbe non-performed, the Contractor shall accept payment in full at the contract Contract prices for any work Work actually completed and acceptable prior to the Engineer's order to omit or nonperform non-perform such contract itemContract Item, and the Contractor shall be reimbursed for no more than the actual costs incurred for the purpose of performing the omitted Contract Item prior to the date of the Engineer's order. Such additional costs incurred by the Contractor must be directly related to the deleted Contract Item and shall be supported by certified statements by the Contractor as to the nature of the amount of such costs.. Acceptable materials Materials ordered by the Contractor and stored off the site at a location agreed upon in writing by the Owner or delivered on and suitably stored at the work site for the Work prior to the date of the Engineer's order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to Notwithstanding the reimbursement hereinbefore providedforegoing, payment for Materials stored on or off the Contractor site shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer's order. Such additional costs incurred conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such Materials or otherwise protect the Owner’s interest. 100-5 PARTIAL PAYMENTS. Partial payments will be made no more than once each month, unless the Owner authorizes additional Requests for Payments, as the Work progresses and must be directly related requested on forms and in a format approved by the Owner, including a Prior Period Activity Report (PPAR) in writing. Requests for Payment will be prepared by the Contractor, based upon the Contractor’s estimate and subject to the deleted contract item Owner’s approval, of the value of Work performed and shall Materials complete-in-place in accordance with the Contract Documents. The Contractor’s Pay Request will be supported by certified statements reviewed by the Contractor as to Owner (and if necessary, adjusted accordingly) based upon the nature Owner’s estimate of the amount value of such costsWork performed and Materials complete-in-place in accordance with the Contract Documents. 90-5 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed Such partial payments may also include the delivered actual cost of those Materials stockpiled and stored in accordance with the subsection titled EXTRA WORK PAYMENT FOR MATERIALS ON HAND of Section 40this Section. No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than five hundred dollars. From the total of the amount determined to be payable on a partial payment, five (5) percent of such total amount will be deducted and retained by the Owner until the final payment is made. The balance (95 percent) of the amount payable, less all previous payments, shall be certified for payment. When approximately 95 percent of the Work has been completed, the Owner may, at its discretion and with the consent of the Surety, prepare an estimate from which will be retained an amount not less than the estimated cost of the Work remaining to be done. The remainder, less all previous payments and deductions, will then be paid certified for at payment to the contract prices or agreed prices specified Contractor. The Contractor agrees to include in its monthly invoice an amount that represents all invoices/bills for services, labor and costs incurred by its subcontractors in the change order or supplemental agreement authorizing the extra work. When the change order or supplemental agreement authorizing the extra work requires that it be done by force account, such force account shall be measured and paid for based on expended labor, equipment, and materials plus overhead and profitcurrent billing period.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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