Common use of Construction Change Directives Clause in Contracts

Construction Change Directives. 4.4.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph 7.3.7. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and compensation insurance; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and si Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract C Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.the 4.4.2 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph Section 7.3.7. 4.4.4 § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect in writing of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 § 7.3.1 A Construction Change Directive is a written order prepared by the Architect Engineer and signed by the Owner and ArchitectEngineer, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph Section 7.3.7. 4.4.4 § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect Engineer of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect Engineer shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Engineer may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 6.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, and Contract Time being adjusted accordingly.. Construction Change Directives shall be substantially in the form as attached hereto at Exhibit G. 4.4.2 6.3.2 A Construction Change Directive shall be used in the absence of total the Parties’ agreement on the terms of a Change Order. 4.4.3 6.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Pricing Amendment, an adjustment in the Contract Sum, the adjustment shall be based on one of the following methods: .1 1. Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 2. Unit prices stated in the Contract Documents or subsequently agreed upon; .3 3. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 or 4. As provided in Subparagraph 7.3.7Section 6.3.7. 4.4.4 6.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 6.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with and diligently continue performance of the change in the Work involved and advise the Architect Owner of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, or Contract Time. 4.4.6 6.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 6.3.7 If the Contractor does not respond promptly within 7 days or disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Pricing Amendment, the method for adjustment in the Contract Sum, The the Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and cost savings of those performing the Work .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or customWork attributable to the change. In such case, and compensation insurance; .2 Costs also under Section 6.3.3.iii, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. 6.3.8 The amount of materials, supplies, and equipment, including credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost decrease. 6.3.9 Pending final determination of the total cost of transportationa Construction Change Directive to the Owner, whether incorporated or consumed;the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner’s interim determination of cost shall adjust the Contract Sum or, if prior to execution of the Pricing Amendment, the Contract Sum, on the same basis as a Change Order, subject to the right of Contractor to disagree and assert a Claim in accordance with Article 14.

Construction Change Directives. 4.4.1 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: : .1 Mutual mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; ; .2 Unit unit prices stated in the Contract Documents or subsequently agreed upon; ; .3 Cost cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As as provided in Subparagraph 7.3.77.3.6. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s 's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 7.3.5 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 Costs cost of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 Costs costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field officer personnel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreements shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

Construction Change Directives. 4.4.1 (i) A Construction Change Directive construction change directive is a written order prepared by the Architect and signed by the Owner and Architect, Design Professional or LCCC directing a change in the Work prior to agreement on and stating a proposed adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, LCCC may by Construction Change Directiveconstruction change directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract Contract, consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 (ii) A Construction Change Directive construction change directive shall be used in the absence of total agreement on the terms of a Change Orderchange order. 4.4.3 (iii) If the Construction Change Directive construction change directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual (a) mutual acceptance of a lump sum sum, properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit (b) unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost (c) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As fee of Ten Percent ( 10% ) of change order costs; (d) as provided in Subparagraph 7.3.7Article 65(c)(vi). 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 (iv) Upon receipt of a Construction Change Directiveconstruction change directive, the Contractor XXXX shall promptly proceed with the change in the Work involved and advise the Architect Design Professional of the Contractor’s XXXX'x agreement or disagreement with the method, if any, provided in the Construction Change Directive construction change directive for determining the proposed adjustment in the Contract Sum or the Contract Time. 4.4.6 (v) A Construction Change Directive construction change directive signed by the Contractor XXXX indicates the Contractor’s XXXX'x agreement therewith, including any adjustment in the Contract Sum and or Contract Time or and of the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Orderchange order. 4.4.7 (vi) If the Contractor XXXX does not respond promptly within seven (7) days or disagrees with the method for of adjustment in the Contract Sum, The Owner Design Professional and the Architect LCCC Representative shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change. In such case, and also under Article 65(c)(iii), XXXX shall keep and present, in such form as Design Professional and LCCC Representative may prescribe, an itemized accounting together with appropriate supporting data. The costs for the purposes of this Article 65(c)(vi) shall be limited to the following: .1 Costs (a) costs of labor, including social security, old age and unemployment insurance, reasonable fringe benefits required by agreement or custombenefits, and workers' compensation insurance; .2 Costs ; (b) costs of materials, supplies, supplies and equipment, including costs of transportation; (c) rental costs of machinery and equipment, exclusive of hand tools; (d) costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes attributable to the change in Work; and (e) additional cost of transportationsupervision and field office personnel directly attributable to the change in Work. (vii) Pending final determination of cost to LCCC, whether incorporated amounts not in dispute may be included in applications for payment. For a deletion or consumed;change, which results in a net decrease in the Contract Sum, LCCC shall be allowed a credit equal to the actual net cost as confirmed by Design Professional and LCCC Representative. (viii) Amendments in the time required for performance of the Contract to allow completion of Work covered by change orders shall be made by one of the following: (a) The time extension or reduction agreed upon by LCCC and XXXX. (b) If the parties are unable to agree on the time extension or reduction, Design Professional and LCCC Representative shall make a determination of the time extension or reduction to be allowed for a change in accordance with Article 26. (ix) When LCCC and XXXX agree with Design Professional and LCCC Representative’s determination concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement on the adjustments, such agreement shall be effective immediately and shall be recorded by a change order.

Construction Change Directives. 4.4.1 10.11.3.1. A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum Guaranteed Maximum Price or Contract TimeDate of Substantial Completion, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum Guaranteed Maximum Price and Contract Time Date of Substantial Completion being adjusted accordingly. 4.4.2 10.11.3.2. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 10.11.3.3. If the Construction Change Directive provides for an adjustment to the Contract SumGuaranteed Maximum Price, the adjustment shall be based on one of the following methods: .1 Mutual (i) mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;; or .2 Unit (ii) unit prices stated reflected in the Contract Documents Guaranteed Maximum Price package or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph 7.3.7. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 10.11.3.4. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect A/E and Owner of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum Guaranteed Maximum Price or Contract TimeDate of Substantial Completion. 4.4.6 10.11.3.5. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement of Contractor therewith, including adjustment in Contract Sum the Guaranteed Maximum Price and Contract Time Date of Substantial Completion or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 10.11.3.6. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract SumGuaranteed Maximum Price, The Owner and the Architect shall determine the method and the adjustment shall be determined by the A/E on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase or decrease in the Guaranteed Maximum Price, a reasonable allowance for overhead and profit, not to exceed the percentage equal to the original DocuSign Envelope ID: 7E438A0C-1BA8-4AEC-AAE6-5E3C9E00ED77 Contractor’s Fee. In such case, Contractor shall keep and present, in such form as Owner may reasonably prescribe, an itemized accounting together with appropriate supporting data. .1 Costs 10.11.3.7. The amount of laborcredit to be allowed by Contractor to the Owner for a deletion or change that results in a net decrease in the Guaranteed Maximum Price shall be actual net cost as agreed to by Owner and Contractor, including social securityor in the absence of such agreement as confirmed by the A/E in the same manner as set forth herein. When both additions and credits covering related Work or substitutions are involved in a change, old age the allowance for overhead and unemployment insuranceprofit shall be figured on the basis of net increase, fringe benefits required by agreement or customif any, and compensation insurance; .2 Costs with respect to that change. 10.11.3.8. Pending final determination of materials, supplies, and equipment, including the total cost of transportationa Construction Change Directive to Owner, whether incorporated amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by an Extra Work Order indicating the Parties’ agreement with part or consumed;all of such costs. For any portion of such cost that remains in dispute, the A/E will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Guaranteed Maximum Price on the same basis as an Extra Work Order, subject to the right of either party to disagree and assert a claim therefore; provided that no such disagreement or claim shall delay the progress of the Work. 10.11.3.9. When Owner and Contractor agree with the determination made by the A/E concerning the adjustments in the Guaranteed Maximum Price and Date of Substantial Completion, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

Construction Change Directives. 4.4.1 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As as provided in Subparagraph 7.3.77.3.6. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 7.3.4 Upon receipt of a Construction Change Directive, the Contractor contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s 's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 7.3.5 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 Costs costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 § 8.3.1 A Construction Change Directive is a written order prepared by the Architect Design Professional and signed by the Owner and ArchitectDesign Professional, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. The CM/GC shall not be required to proceed with any Construction Change Directive that effects the scope, cost, or duration of the work without an executed Change Order. 4.4.2 § 8.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 If the Construction Change Directive provides for an adjustment § 8.3.3 Adjustments to the Contract Sum, Guaranteed Maximum Price on account of changes in the adjustment shall be based on one Work subsequent to the execution of the following methodsGuaranteed Maximum Price Amendment may be determined by any of the methods listed below: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph 7.3.7Section 8.3.8. 4.4.4 § 8.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or ContractorCM/GC, the applicable unit prices shall be equitably adjusted. 4.4.5 § 8.3.5 Upon receipt of a Construction Change Directive, the Contractor CM/GC shall promptly proceed with evaluate the scope of the change in the Work involved and advise the Architect Design Professional of the ContractorCM/GC’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 8.3.6 A Construction Change Directive signed by the Contractor CM/GC indicates the ContractorCM/GC’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. Any Change Order prepared, including those arising by reason of the parties’ mutual agreement or by mediation, shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including all direct, indirect, and consequential costs associated with such change and any and all adjustments to the Contract Sum and Contract Time. 4.4.7 § 8.3.7 By the execution of a Change Order, the CM/GC agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the CM/GC’s ability to perform in accordance with the Change Order. Aside from those matters specifically set forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Amount or Contract Time by reason of any conditions affecting the change in Work addressed by the Change Order, which could have reasonably been discovered or disclosed by the CM/GC’s examination. § 8.3.8 If the Contractor CM/GC does not respond promptly or disagrees with disagree within forty eight (48) hours of receipt of the method for adjustment in of the Contract Sum, The Owner and the Architect Design Professional shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. The CM/GC shall keep and present, in such form as the Design Professional may reasonably prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 8.3.8 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 7.3.1 A "Construction Change Directive Directive" is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual 1. mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit 2. unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost 3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable accepted fixed or percentage fee; or .4 As or 4. as provided in Subparagraph 7.3.7Paragraph 7.3.6. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s 's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 7.3.5 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work .1 Costs Work attributable to the change, including, in case of laboran increase in the Contract Sum, including social security, old age a reasonable allowance for overhead and unemployment insurance, fringe benefits required by agreement or customprofit. In such case, and compensation insurance; .2 Costs also under Subparagraph 7.3.3.3, the Contractor shall keep and present, in such form as the Architect and Owner may prescribe, an itemized accounting of materialsactual costs together with appropriate supporting data. Unless otherwise provided in the Contract Documents, suppliescosts for the purpose of this Paragraph 7.3.6 shall be limited to costs reimbursable pursuant to Section V of the Construction Contract. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment exclusive of fee and equipmentsubject to the Agreement. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, including cost the allowance for overhead and profit shall be figured on the basis of transportationnet increase, whether incorporated if any, with respect to that change. Any adjustments to the Contractor's Fee shall be in accordance with Section IV of the Construction Contract. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or consumed;method for determining it, the adjustment or method shall be referred to the Architect for determination. 7.3.9 If the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order.

Construction Change Directives. 4.4.1 § 7.3.1 A Construction Change Directive is a written order prepared by the Architect Owner or at the Owner’s election, the Architect, and signed by the Owner and at the Owner’s election, the Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph 7.3.7Section 7.3.4 and 7.5. 4.4.4 § 7.3.4 Unit prices are inclusive of all costs for the unit price Work, including but not limited to costs of labor, services, materials, equipment, supervision, insurance, bonds and general conditions, as well as applicable taxes and overhead and profit for that Work. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or ContractorOwner, the applicable unit prices shall be equitably adjusted. 4.4.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 § 7.3.5 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The the Owner and the Architect shall determine the method and the adjustment on the basis of reasonable cost expenditures and cost savings of those performing the WorkWork attributable to the change, including but not limited to, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Item .3 of Section 7.3.3, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. § 7.3.5.1 Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.5, shall be limited to the following, subject to the limitations of Section 7.5: .1 Costs of labor, including social security, old age and unemployment insuranceapplicable payroll taxes, fringe benefits required by agreement or custom, and workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 6.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, and Contract Time being adjusted accordingly.. Construction Change Directives shall be substantially in the form as attached hereto at Exhibit G. 4.4.2 6.3.2 A Construction Change Directive shall be used in the absence of total the Parties’ agreement on the terms of a Change Order. 4.4.3 6.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Pricing Amendment, an adjustment in the Contract Sum, the adjustment shall be based on one of the following methods: .1 1. Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 2. Unit prices stated in the Contract Documents or subsequently agreed upon; .3 3. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 or 4. As provided in Subparagraph 7.3.7Section 6.3.7. 4.4.4 6.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 6.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with and diligently continue performance of the change in the Work involved and advise the Architect Owner of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, or Contract Time. 4.4.6 6.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Pricing Amendment, the adjustment in the Contract Sum, and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 6.3.7 If the Contractor does not respond promptly within 7 days or disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Pricing Amendment, the method for adjustment in the Contract Sum, The the Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and cost savings of those performing the Work .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or customWork attributable to the change. In such case, and compensation insurance; .2 Costs also under Section 6.3.3.iii, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. 6.3.8 The amount of materials, supplies, and equipment, including credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost decrease. 6.3.9 Pending final determination of the total cost of transportationa Construction Change Directive to the Owner, whether incorporated or consumed;the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to

Construction Change Directives. 4.4.1 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 7.2.4 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methodsmethods to be solely identified by the Owner: .1 Mutual (A) mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;evaluation as outlined in 7.2.3. .2 Unit (B) unit prices stated in the Contract Documents or subsequently agreed upon;. .3 Cost (C) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; , or .4 As (D) as provided in Subparagraph 7.3.77.3.6. 4.4.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 7.2.5 Upon receipt of a Construction Change Directive, the XXXX Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 7.2.6 A Construction Change Directive signed by the XXXX Contractor indicates the Contractor’s agreement therewith, of the XXXX Contractor therewith including adjustment in the Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 7.2.7 If the XXXX Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment shall be determined by the Owner in consultation with the Architect on the basis change, including, in case of an increase in the Contract Sum, a reasonable expenditures allowance for overhead and savings of those performing the Work .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or customprofit. In such case, and compensation insurance; .2 Costs also under Clause 7.3.3, the XXXX Contractor shall keep and present, in such form as the Architect/Owner may prescribe, an itemized accounting together, with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed;this Subparagraph

Construction Change Directives. 4.4.1 § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or or .4 As provided in Subparagraph Section 7.3.7. 4.4.4 § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s 's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s 's agreement therewith, including adjustment in Contract Sum and Contract Contract·act Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The the Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; ; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.

Construction Change Directives. 4.4.1 § 8.3.1 A Construction Change Directive is a written order prepared by the Architect Design Professional and signed by the Owner and ArchitectDesign Professional, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. The CM/GC shall not be required to proceed with any Construction Change Directive that effects the scope, cost, or duration of the work without an executed Change Order. 4.4.2 § 8.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 8.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph 7.3.7Article 8.3.8. 4.4.4 § 8.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or ContractorCM/GC, the applicable unit prices shall be equitably adjusted. 4.4.5 § 8.3.5 Upon receipt of a Construction Change Directive, the Contractor CM/GC shall promptly proceed with evaluate the scope of the change in the Work involved and advise the Architect Design Professional of the ContractorCM/GC’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 8.3.6 A Construction Change Directive signed by the Contractor CM/GC indicates the ContractorCM/GC’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. Any Change Order prepared, including those arising by reason of the parties’ mutual agreement or by mediation, shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including all direct, indirect and consequential costs associated with such change and any and all adjustments to the Contract Sum and Contract Time. 4.4.7 § 8.3.7 By the execution of a Change Order, the CM/GC agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and that it has undertaken all reasonable efforts to discover and disclose any concealed or unknown conditions which may to any extent affect the CM/GC’s ability to perform in accordance with the Change Order. Aside from those matters specifically set forth in the Change Order, the Owner shall not be obligated to make any adjustments to either the Contract Amount or Contract Time by reason of any conditions affecting the change in Work addressed by the Change Order, which could have reasonably been discovered or disclosed by the CM/GC’s examination. § 8.3.8 If the Contractor CM/GC does not respond promptly or disagrees with disagree within forty eight (48) hours of receipt of the method for adjustment in of the Contract Sum, The Owner and the Architect Design Professional shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. The CM/GC shall keep and present, in such form as the Design Professional may reasonably prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Article 8.3.8 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;

Construction Change Directives. 4.4.1 § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may, may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 4.4.2 § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 4.4.3 § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Subparagraph Section 7.3.7. 4.4.4 § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.4.5 § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 4.4.6 § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 4.4.7 § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, The Owner and the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the WorkWork attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Owner or Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers’ compensation insurance; .2 Costs of materials, supplies, supplies and equipment, including cost of transportation, whether incorporated or consumed;